Opinion
2012-05-10
The PEOPLE of the State of New York, Respondent, v. Larry PORTER, Appellant.
Stanley Walker, Loudonville, for appellant. Kevin C. Kortright, District Attorney, Fort Edward (Katherine G. Henley of counsel), for respondent.
Stanley Walker, Loudonville, for appellant. Kevin C. Kortright, District Attorney, Fort Edward (Katherine G. Henley of counsel), for respondent.
Before: ROSE, J.P., SPAIN, MALONE JR., KAVANAGH and McCARTHY, JJ.
MALONE JR., J.
Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered January 21, 2011, which resentenced defendant following his conviction of the crime of assault in the second degree (two counts).
In October 2011, while an inmate at Great Meadow Correctional Facility in Washington County, defendant was convicted of two counts of assault in the second degree and sentenced as a second felony offender to concurrent prison terms of seven years (305 A.D.2d 933, 761 N.Y.S.2d 691 [2003], lv. denied 100 N.Y.2d 586, 764 N.Y.S.2d 396, 796 N.E.2d 488 [2003] ). Upon learning that the mandatory periods of postrelease supervision had not been imposed, County Court resentenced defendant to his original sentence plus five years of postrelease supervision. Defendant appeals.
For the reasons set forth in People v. Porter, 95 A.D.3d 1450, 944N.Y.S.2d 392, 2012 WL 1622696 [decided herewith], we find that County Court properly resentenced defendant by adding periods of postrelease supervision ( see Penal Law § 70.00[6]; § 70.06[1][a], [b]; § 70.45[1]; People v. Wright, 85 A.D.3d 1316, 1316, 924 N.Y.S.2d 670 [2011] ). Further, as in People v. Porter ( supra ), we find that the resentencing did not amount to a violation of defendant's double jeopardy rights ( see People v. Williams, 14 N.Y.3d 198, 217, 899 N.Y.S.2d 76, 925 N.E.2d 878 [2010], cert. denied 562 U.S. ––––, 131 S.Ct. 125, 178 L.Ed.2d 242 [2010] ), and defendant received the effective assistance of counsel ( see generally People v. Caban, 5 N.Y.3d 143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213 [2005]; People v. Wright, 85 A.D.3d at 1317, 924 N.Y.S.2d 670).
*789 ORDERED that the judgment is affirmed.