Opinion
02-05-2015
The PEOPLE of the State of New York, Respondent, v. Dominick FLORIO, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Mark Zeno of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Malancha Chanda of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Mark Zeno of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Malancha Chanda of counsel), for respondent.
Opinion Judgment of resentence, Supreme Court, New York County (Charles H. Solomon, J.), rendered March 2, 2012, resentencing defendant to a term of 15 years, with 2 ½ years' postrelease supervision, unanimously affirmed.
There was no unreasonable delay in resentencing defendant for the purpose of adding a term of postrelease supervision (see People v. Williams, 14 N.Y.3d 198, 213, 899 N.Y.S.2d 76, 925 N.E.2d 878 [2010] ). “[E]ven assuming that CPL 380.30 applies, there was no violation of the statute because defendant [ was] resentenced within a reasonable time after DOCS notified the courts that [he was a] ‘designated person[ ]’ under Correction Law § 601–d ” (id. ). There is nothing in Williams, nor in any other authority, to suggest that the delay should be measured from the date that the Court of Appeals decided People v. Sparber, 10 N.Y.3d 457, 859 N.Y.S.2d 582, 889 N.E.2d 459 (2008), which rendered resentencing necessary.
ACOSTA, J.P., RENWICK, FEINMAN, CLARK, KAPNICK, JJ., concur.