People v. Rodriguez

This case was one of the cases consolidated in People v Sparber (10 NY3d 457 [2008]). The Court of Appeals directed “a resentencing hearing that will include the proper pronouncement of the relevant PRS term” (id. at 473). Defendant argues that the resentencing court was obligated to reconsider the length of the original prison term, and requests that the case be remanded for another resentencing. This case presents the issue this Court found unnecessary to decide in People v Edwards (62 AD3d 467, 468 [2009], lv denied 12 NY3d 924 [2009]), “whether a proceeding conducted for the purpose of…