People v. Estremera

Order, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered November 19, 2010, which, to the extent appealable as a judgment of resentence, reimposed defendant’s original prison sentence pursuant to Penal Law § 70.85 without imposing a period of postrelease supervision, unanimously affirmed.

Even assuming, without deciding, that this appeal is properly before us as an appeal from a judgment of resentence (see People v Covington, 88 AD3d 486, 486-487 [1st Dept 2011], lv denied 18 NY3d 858 [2011]), notwithstanding that the court’s order expressly states: “No resentence. Original…