| People v Scalercio |
| 2010 NY Slip Op 02592 [71 AD3d 1060] |
| March 23, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JuliusScalercio, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), forrespondent.
Appeal by the defendant from a resentence of the County Court, Suffolk County (Efman, J.),imposed August 1, 2008, upon his conviction of attempted robbery in the first degree, attemptedrobbery in the second degree, attempted burglary in the first degree, criminal possession of aweapon in the second degree, criminal possession of a weapon in the third degree (two counts),attempted criminal impersonation in the first degree, and conspiracy in the fourth degree, uponhis plea of guilty.
Ordered that the resentence is affirmed.
On April 29, 2002, after entering a plea of guilty, the defendant was sentenced to anaggregate determinate term of imprisonment of 10 years. On August 1, 2008, more than one yearbefore the date on which he was scheduled to be released from incarceration, the defendant wasbrought before the County Court for resentencing, so that the mandatory period of postreleasesupervision could be imposed (see Penal Law § 70.45).
Contrary to the defendant's contention, his constitutional right to due process was notviolated by the resentencing (see DeWitt v Ventetoulo, 6 F3d 32, 36 [1993], certdenied 511 US 1032 [1994]; cf. People v Williams, 14 NY3d 198 [2010]). Rivera, J.P., Dickerson, Hall and Lott, JJ., concur.