| People v Estremera |
| 2015 NY Slip Op 09640 [134 AD3d 655] |
| December 29, 2015 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Roberto Estremera, Appellant. |
Richard M. Greenberg, Office of the Appellate Defender, New York (AlexandraKeeling of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), forrespondent.
Order, Supreme Court, New York County (Daniel P. FitzGerald, J.), renderedNovember 19, 2010, which, to the extent appealable as a judgment of resentence,reimposed defendant's original prison sentence pursuant to Penal Law§ 70.85 without imposing a period of postrelease supervision, unanimouslyaffirmed.
Even assuming, without deciding, that this appeal is properly before us as an appealfrom a judgment of resentence (see People v Covington, 88 AD3d 486, 486-487 [1st Dept2011], lv denied 18 NY3d 858 [2011]), notwithstanding that the court's orderexpressly states: "No resentence. Original sentence with no PRS stands," we find nobasis for a remand. Defendant was not adversely affected by any alleged proceduraldefect in the court's determination, including the fact that he was not present when thecourt let stand his original sentence, "because the result, i.e., freedom from having toserve a term of PRS, was in his favor" (id. at 486; see also People v Mills, 117AD3d 1555, 1556 [4th Dept 2014], lv denied 24 NY3d 1045 [2014]).Concur—Mazzarelli, J.P., Sweeny, Manzanet-Daniels and Gische, JJ.