People v. Harper

Judgment of resentence, Supreme Court, New York County (James A. Yates, J.), rendered February 5, 2009, as amended February 13, 2009, resentencing defendant to a term of 10 years, with 2V2 years’ postrelease supervision, unanimously affirmed.

The resentencing proceeding held pursuant to People v Sparber (10 NY3d 457 [2008]) to correct an error in failing to impose a term of postrelease supervision (PRS) was not barred by double jeopardy, since defendant was still serving her prison term at the time of the resentencing proceeding, and therefore had no reasonable expectation of finality in her…