| People v Tillman |
| 2010 NY Slip Op 05597 [74 AD3d 1251] |
| June 22, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Dwayne Tillman, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (William C. Milaccio, RichardLongworth Hecht, and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant, as limited by his motion, from a resentence of the County Court,Westchester County (Zambelli, J.), imposed September 23, 2008.
Ordered that the resentence is affirmed.
Under the circumstances of this case, the defendant's contentions that the resentence,pursuant to which the County Court, in effect, added the statutorily required period ofpostrelease supervision to his sentence (see Penal Law § 70.45), violated theprohibition against double jeopardy and his due process rights because he had a legitimateexpectation in the finality of his sentence, are without merit (see People v Prendergast,71 AD3d 1055 [2010]; cf. People v Williams, 14 NY3d 198 [2010]).
Insofar as the defendant's allegations of ineffective assistance of counsel are based uponmatter which is dehors the record, they are not reviewable on this appeal (see e.g. People vOquendo, 71 AD3d 105 [2010]). To the extent that the record permits review of thedefendant's claim that he was deprived of the effective assistance of counsel, the defendantreceived meaningful representation (see Strickland v Washington, 466 US 668 [1984];People v Henry, 95 NY2d 563, 564 [2000]; People v Baldi, 54 NY2d 137, 147[1981]).
The defendant's remaining contentions are unpreserved for appellate review, and, in anyevent, without merit. Prudenti, P.J., Rivera, Santucci, Dickerson and Hall, JJ., concur.