Opinion
16517 6769/99.
12-29-2015
The PEOPLE of the State of New York, Respondent, v. Roberto ESTREMERA, Defendant-appellant.
Richard M. Greenberg, Office of the Appellate Defender, New York (Alexandra Keeling of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for respondent.
Richard M. Greenberg, Office of the Appellate Defender, New York (Alexandra Keeling of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for respondent.
Opinion
Order, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered November 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, unanimously affirmed.
Even assuming, without deciding, that this appeal is properly before us as an appeal from a judgment of resentence (see People v. Covington, 88 A.D.3d 486, 486–487, 930 N.Y.S.2d 190 1st Dept.2011, lv. denied 18 N.Y.3d 858, 938 N.Y.S.2d 865, 962 N.E.2d 290 2011 ), notwithstanding that the court's order expressly states: “No resentence. Original sentence with no PRS stands,” we find no basis for a remand. Defendant was not adversely affected by any alleged procedural defect in the court's determination, including the fact that he was not present when the court let stand his original sentence, “because the result, i.e., freedom from having to serve a term of PRS, was in his favor” (id. at 486, 930 N.Y.S.2d 190; see also People v. Mills, 117 A.D.3d 1555, 1556, 985 N.Y.S.2d 381 4th Dept.2014, lv. denied 24 N.Y.3d 1045, 998 N.Y.S.2d 315, 23 N.E.3d 158 2014 ).
MAZZARELLI, J.P., SWEENY, MANZANET–DANIELS, GISCHE, JJ., concur.