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People v. Lanier

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 2011
82 A.D.3d 556 (N.Y. App. Div. 2011)

Opinion

No. 4353.

March 17, 2011.

Judgment of resentence, Supreme Court, Bronx County (Michael A. Gross, J.), rendered February 5, 2009, resentencing defendant to a term of seven years, with five years' postrelease supervision, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Robin Nichinsky of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jean Soo Park of counsel), for respondent.

Before: Mazzarelli, J.P., Andrias, Catterson, Moskowitz and Román, JJ.


The resentencing proceeding imposing a term of postrelease supervision was lawful in all respects ( see People v Murrell, 73 AD3d 598, lv granted 15 NY3d 854; People v Thomas, 68 AD3d 514, 515, appeal withdrawn 14 NY3d 845).

The resentencing only involved the imposition of postrelease supervision and therefore, the sentencing court had no occasion to revisit the original prison sentence. Similarly, the resentencing does not present this Court with such an occasion. Were we to reach defendant's excessive sentence claim, we would find no basis to reduce defendant's sentence.


Summaries of

People v. Lanier

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 2011
82 A.D.3d 556 (N.Y. App. Div. 2011)
Case details for

People v. Lanier

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES LANIER, Appellant

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

Date published: Mar 17, 2011

Citations

82 A.D.3d 556 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 1944
918 N.Y.S.2d 716

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