Opinion
2012-10-9
The PEOPLE of the State of New York, Respondent, v. Dwayne SINGLETON, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Arthur H. Hopkirk of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Arthur H. Hopkirk of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel), for respondent.
Judgment of resentence, Supreme Court, New York County (Marcy L. Kahn, J.), rendered May 5, 2010, resentencing defendant to an aggregate term of 11 1/2 years, with 3 years' postrelease supervision, unanimously affirmed.
The court provided an appropriate reduction of defendant's sentence pursuant to CPL 440.46, and we perceive no basis for a further reduction. Although the new sentence extended defendant's period of supervision beyond what would have been the maximum expiration date of the original sentence, nothing in CPL 440.46 rendered this resentence impermissible. The resentence had the ameliorative effect of allowing defendant to gain early release from prison, as a result of the relationship betweenthe resentence and another sentence defendant was serving. The resentencewas structured to benefit defendant, who received the exact sentence to which he had agreed ( see People v. Mack, 78 A.D.3d 520, 521, 912 N.Y.S.2d 181 [1st Dept. 2010], lv. denied 16 N.Y.3d 833, 921 N.Y.S.2d 197, 946 N.E.2d 185 [2011] ).