| People v Lingle |
| 2009 NY Slip Op 07680 [66 AD3d 582] |
| October 27, 2009 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v JohnLingle, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Vincent Rivellese of counsel), forrespondent.
Judgment of resentence, Supreme Court, New York County (Charles J. Tejada, J.), renderedJune 27, 2008, resentencing defendant, as a second felony offender, to concurrent terms of 14years and 3½ to 7 years with five years' postrelease supervision, unanimously affirmed.
The court properly resentenced defendant to comply with the requirement that a term ofpostrelease supervision be part of the court's oral pronouncement of sentence. Defendant'schallenges to his resentencing are similar to arguments rejected by this Court in People v Hernandez (59 AD3d180 [2009], lv granted 12 NY3d 817 [2009]). In addition, since defendant wasresentenced while still serving his prison sentence, his claim that he had a legitimate expectationof finality in his original defective sentence is even weaker than the argument made inHernandez. We also note that defendant was one of the defendants in People v Sparber (10 NY3d 457[2008]), and his resentencing for the purpose of orally imposing postrelease supervision wasexpressly mandated by the Court of Appeals.
To the extent defendant is requesting a reduction of his prison sentence as a matter ofdiscretion in the interest of justice, we find that request both procedurally improper on thepresent appeal and without merit. Concur—Mazzarelli, J.P., Andrias, Moskowitz,Renwick and Richter, JJ.