From Casetext: Smarter Legal Research

People v. Escalera

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 2010
77 A.D.3d 510 (N.Y. App. Div. 2010)

Opinion

No. 3408.

October 21, 2010.

Judgment of resentence, Supreme Court, New York County (Rena K. Uviller, J.), rendered October 20, 2008, resentencing defendant to a term of seven years with five years' postrelease supervision, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for respondent.

Before: Gonzalez, P.J., Andrias, Nardelli, McGuire and Abdus-Salaam, J J.


The resentencing proceeding imposing a term of postrelease supervision was not barred by double jeopardy, since defendant was still serving his prison term at that time, and therefore had no reasonable expectation of finality in his illegal sentence ( see People v Murrell, 73 AD3d 598). We have considered and rejected defendant's due process argument. Defendant's remaining claims are similar to arguments that were rejected in People v Williams ( 14 NY3d 198).

Motion seeking coram nobis relief denied.


Summaries of

People v. Escalera

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 2010
77 A.D.3d 510 (N.Y. App. Div. 2010)
Case details for

People v. Escalera

Case Details

Full title:THE PEOPLE OF THE STATE OP NEW YORK, Respondent, v. WILLIAM ESCALERA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 21, 2010

Citations

77 A.D.3d 510 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 7476
908 N.Y.S.2d 587

Citing Cases

People v. Guity

Legal Discussion The Court agrees with the District Attorney that a resentencing proceeding at this time,…