| People v Allen |
| 2009 NY Slip Op 07427 [66 AD3d 792] |
| October 13, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v LarryAllen, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C.Abbot, and Danielle S. Fenn of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County (Kron, J.),imposed October 14, 2008, upon his conviction of burglary in the first degree, criminalpossession of a weapon in the second degree (two counts), criminal possession of a weapon inthe fourth degree (seven counts), and resisting arrest, upon a jury verdict.
Ordered that the resentence is affirmed.
In 2001 the defendant was convicted, upon a jury verdict, of burglary in the first degree andother offenses, and was sentenced to a determinate term of imprisonment of 10 years and lesser,concurrent prison terms. In 2008, the defendant was brought before the Supreme Court forresentencing, pursuant to Correction Law § 601-d, so that the mandatory period ofpostrelease supervision (hereinafter PRS) could be imposed.
Contrary to the defendant's contention, the resentencing court was not required to exercise itsdiscretion to consider whether the sentence as a whole was appropriate in view of the fact thatthe sentence would now include a period of PRS. Since the original sentencing court is presumedto have been aware that the sentence would include a period of PRS, and the defendant has notovercome that presumption, no such exercise of discretion was warranted in this case (see People v Bowman, 65 AD3d636 [2009]; People v Stewartson,63 AD3d 966 [2009]). Prudenti, P.J., Miller, Chambers and Roman, JJ., concur.