| People v Pruitt |
| 2010 NY Slip Op 05795 [74 AD3d 1366] |
| June 29, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Arthur Pruitt, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Andrew Fukudaof counsel), for respondent.
Appeal by the defendant from a resentence of the County Court, Nassau County (Jaeger, J.),imposed August 6, 2008, which, upon his conviction of rape in the first degree and sexual abusein the first degree, upon a jury verdict, imposed periods of postrelease supervision of five yearsin addition to the determinate terms of imprisonment previously imposed on March 14, 2001.
Ordered that the resentence is affirmed.
The defendant was convicted, after a jury trial, of rape in the first degree and sexual abuse inthe first degree. On March 14, 2001 he was sentenced to concurrent determinate terms ofimprisonment of 18 years and 7 years, respectively. In 2008, while the defendant was stillincarcerated and serving the original sentence, the defendant was brought before the CountyCourt for resentencing, so that the mandatory periods of postrelease supervision could beimposed (see Penal Law § 70.45; Correction Law § 601-d).
Contrary to the defendant's contention, his constitutional right to due process was notviolated by the resentencing (see People v Sparber, 10 NY3d 457, 469-472 [2008];People v Mendez, 73 AD3d 951 [2010]; People v Scalercio, 71 AD3d 1060[2010]).
The defendant's contention that Correction Law § 601-d constitutes anunconstitutional ex post facto law is unpreserved for appellate review and, in any event, withoutmerit (cf. People v Williams, 14 NY3d 198, 220 n 5 [2010]).
The defendant's remaining contentions are without merit. Skelos, J.P., Eng, Hall and Lott,JJ., concur.