Opinion
2014-00414, Ind. No. 99-01266.
04-19-2017
The PEOPLE, etc., respondent, v. Kyle WATSON, appellant.
Bennet Goodman, Bronxville, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Laurie Sapakoff and Steven A. Bender of counsel), for respondent.
Bennet Goodman, Bronxville, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Laurie Sapakoff and Steven A. Bender of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Westchester County (Neary, J.), imposed March 13, 2013, upon his conviction of robbery in the first degree, upon his plea of guilty, the resentence being the determinate term of imprisonment previously imposed on July 5, 2000.
ORDERED that the resentence is affirmed.
The defendant's contention that Penal Law § 70.85 violates the Ex Post Facto Clause of the United States Constitution is without merit, since Penal Law § 70.85 does not retroactively increase the penalties applicable to the defendant's conviction (see Johnson v. United States, 529 U.S. 694, 699, 120 S.Ct. 1795, 146 L.Ed.2d 727 ; see also People v. Beaty, 128 A.D.3d 1391, 8 N.Y.S.3d 523 ). Additionally, the defendant's contention that Penal Law § 70.85 violates his constitutional right to due process is without merit, as "[s]ection 70.85 ensures that [a] defendant, who is no longer subject to [postrelease supervision], pleaded guilty with the requisite awareness of the direct consequences of his plea" (People v. Pignataro, 22 N.Y.3d 381, 387, 980 N.Y.S.2d 899, 3 N.E.3d 1147 ; see People v. Latimer, 120 A.D.3d 1264, 991 N.Y.S.2d 897 ).
The defendant's remaining contentions are without merit.
LEVENTHAL, J.P., COHEN, HINDS–RADIX and CONNOLLY, JJ., concur.