Opinion
5628 Ind. 3696/09
02-06-2018
The PEOPLE of the State of New York, Respondent, v. Rene PETERSON, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Richter, J.P., Mazzarelli, Webber, Kern, Oing, JJ.
Judgment of resentence, Supreme Court, New York County (Gregory Carro, J.), rendered May 10, 2012, resentencing defendant to a term of three years, unanimously affirmed.
Defendant's right to be sentenced without unreasonable delay was not violated by the passage of 2½ years between his original sentencing proceeding and his resentencing (see CPL 380.30[1] ). The prompt original proceeding had all the characteristics of a sentencing, including defendant's presence and his opportunity to be heard, except that in granting defendant's request for a brief stay of execution of the agreed-upon sentence, the court neglected to formally pronounce sentence. The resentencing proceeding corrected the procedural error by formally pronouncing the sentence, nunc pro tunc, as of the original sentencing date. "The procedural error during the prompt initial sentencing did not render that sentence a nullity for purposes of speedy sentencing analysis" ( People v. Smith, 277 A.D.2d 178, 717 N.Y.S.2d 66 [1st Dept. 2000], lv denied 96 N.Y.2d 763, 725 N.Y.S.2d 290, 748 N.E.2d 1086 [2001] ; see also People v. Williams, 14 N.Y.3d 198, 213, 899 N.Y.S.2d 76, 925 N.E.2d 878 [2010] ).