| People v Toney |
| 2014 NY Slip Op 02729 [116 AD3d 607] |
| April 22, 2014 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Mack Toney, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (David E.A. Crowley of counsel),for respondent.
Judgment of resentence, Supreme Court, New York County (Charles H. Solomon,J.), rendered May 26, 2011, resentencing defendant, as a second violent felony offender,to concurrent terms of 13 years, with five years' postrelease supervision, unanimouslyaffirmed.
Defendant's challenge to the voluntariness of his underlying 2001 plea may not beraised on this appeal from a judgment of resentence (see People v Jordan, 16 NY3d 845 [2011]; see alsoCPL 450.30 [3]). Although defendant asserts that he is challenging the resentencing itselfas violating due process, that claim is without merit (see People v Lingle, 16 NY3d 621 [2011]). Essentially,defendant is only challenging his 2001 plea of guilty, asserting that the court'sexplanation of the promised sentence was defective under People v Catu (4 NY3d242 [2005]). In any event, the only remedy sought by defendant is the removal ofpostrelease supervision from his sentence, which he characterizes as specificperformance of his original plea bargain. However, a Catu violation would notentitle defendant to specific performance (see People v Jones, 101 AD3d 440 [2012], lvdenied 20 NY3d 1100 [2013]). Concur—Tom, J.P., Renwick, Richter,Feinman and Gische, JJ.