| People v Corker |
| 2009 NY Slip Op 08633 [67 AD3d 926] |
| November 17, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Wykeme Corker, Appellant. |
—[*1] Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel; SeverynRebisz on the brief), for respondent.
Appeal by the defendant from a resentence of the County Court, Rockland County (Alfieri,J.), imposed June 4, 2007, upon his conviction of assault in the first degree, upon a jury verdict.
Ordered that the resentence is affirmed.
The defendant's contentions that resentencing him approximately 7 years into his12½-year term of imprisonment to add to his sentence the statutorily mandated period ofpostrelease supervision (see Penal Law § 70.45) violated his State and Federalconstitutional rights to due process, to equal protection, and not to be subjected to cruel andunusual punishment, are unpreserved for appellate review (see People v Rosario, 22 AD3d 871, 872 [2005]; People vTravis, 213 AD2d 571 [1995]; cf. People v Samms, 95 NY2d 52, 56 [2000]),and we decline to reach those contentions in the exercise of our interest of justice jurisdiction.
The period of postrelease supervision imposed on the resentence was not excessive (seePeople v Suitte, 90 AD2d 80 [1982]). Dillon, J.P., Dickerson, Lott and Austin, JJ., concur.