People v Lewis

2009 NY Slip Op 01578 [60 AD3d 425]

March 5, 2009

Appellate Division, First Department

As corrected through Wednesday, May 6, 2009

The People of the State of New York, Respondent, v CraigLewis, Appellant.

—[*1]Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel),for appellant.

Robert M. Morgenthau, District Attorney, New York (Martin J. Foncello of counsel), forrespondent.

Judgment of resentence, Supreme Court, New York County (Edward J. McLaughlin, J.),rendered September 23, 2008, resentencing defendant to a term of five years with five years'postrelease supervision (PRS), unanimously affirmed.

After defendant completed his prison sentence and began serving a term of PRS that wasimproperly imposed in the absence of an oral pronouncement at sentencing, the court conducteda resentencing proceeding (see Correction Law § 601-d) and properly imposedPRS. We reject defendant's double jeopardy argument, as well as his other challenges to theresentencing (see People vHernandez, 59 AD3d 180 [2009]). Concur—Tom, J.P., Moskowitz, Renwick andFreedman, JJ.