Legal Opinion

People v. McDaniel

Appellate Division of the Supreme Court of the State of New York

Decided October 10, 2012PublishedCited by 2 opinions

1Opinion of the Court

The defendant’s contention that the County Court was without authority to resentence him after the expiration of the time limits set forth in Correction Law § 601-d (4) (c) and (d) is without merit (see People v Velez, 19 NY3d 642 [2012]). More*815over, contrary to the defendant’s contention, his resentence after the expiration of the time limits set forth in Correction Law § 601-d (4) (c) and (d) did not subject him to double jeopardy or violate his right to due process. The defendant is presumed to be aware of the relevant law and to know that a determinate prison sentence without a term of…

2Cases cited4 opinions

  1. People v. WilliamsNew York Court of Appeals · 2010
  2. People v. VelezNew York Court of Appeals · 2012
  3. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2009
  4. People v. AlmesticaAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by2 opinions

  1. People v. NunezAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. NunezAppellate Division of the Supreme Court of the State of New York · 2013

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