| People v McCoy |
| 2012 NY Slip Op 06315 [98 AD3d 1135] |
| September 26, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v EricMcCoy, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Donna Aldea ofcounsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County (Mullings,J.), imposed February 27, 2009, upon his conviction of rape in the first degree (two counts), uponhis plea of guilty.
Ordered that the resentence is affirmed.
The Supreme Court acted within its inherent power when it resentenced the defendant to thesame sentence it had imposed previously, but added an express provision that, as required byPenal Law § 70.25 (2-a), the sentence was to run consecutively to an undischargedindeterminate sentence that had been imposed in 1994 (see People v Minaya, 54 NY2d360, 365 [1981], cert denied 455 US 1024 [1082]; People v Johnson, 67 AD3d 597, 597 [2009]; cf. People vDeValle, 94 NY2d 870, 871 [2000]; People v Wright, 56 NY2d 613, 614 [1982]).The resentence did not change the substance of the sentence (see CPL 430.10; cf.People v Richardson, 100 NY2d 847, 853 [2003]), but merely made express what Penal Law§ 70.25 (2-a) already deemed the Supreme Court to have done when it initially sentencedthe defendant (see People ex rel. Gill vGreene, 12 NY3d 1, 6 [2009], cert denied sub nom. Gill v Rock, 558 US—, 130 S Ct 86 [2009]). Skelos, J.P., Balkin, Leventhal and Cohen, JJ., concur.