| People v McCoy |
| 2011 NY Slip Op 04381 [84 AD3d 655] |
| May 26, 2011 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Christopher McCoy, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Matthew C. Williams of counsel), forrespondent.
Judgment of resentence, Supreme Court, New York County (Carol Berkman, J.), renderedJuly 2, 2008, resentencing defendant to a term of eight years, with five years' postreleasesupervision, unanimously affirmed.
The resentencing proceeding imposing a term of postrelease supervision (PRS) was notbarred by double jeopardy, since defendant was still serving his prison term at that time, andtherefore had no reasonable expectation of finality in his illegal sentence (People vLingle, 16 NY3d 621 [2011]). Defendant's dueprocess argument is also without merit (id.). Defendant's remaining challenges to hisresentencing are similar to arguments that were rejected in People v Williams (14 NY3d 198 [2010], cert denied 562US —, 131 S Ct 125 [2010]) or are otherwise without merit.
Defendant also argues that he should be permitted to withdraw his guilty plea on the groundthat the plea court inadequately advised him of the PRS portion of his sentence (see People v Catu, 4 NY3d 242[2005]). That claim is not properly before this Court on this appeal from the judgment ofresentence (see People v Jordan, 16NY3d 845 [2011]).
We perceive no basis for a reduction of sentence. Concur—Tom, J.P., Saxe, Catterson,Renwick and DeGrasse, JJ.