People v Syville

People v Syville 2010 NY Slip Op 06695 [76 AD3d 908] September 23, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, October 27, 2010

The People of the State of New York, Respondent,
v
Nathaniel Syville, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sheila O'Shea of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (William A. Wetzel, J.), rendered January 6, 2009, resentencing defendant to a term of 12 years, with five years' postrelease supervision, unanimously affirmed.

The resentencing proceeding imposing a term of postrelease supervision (PRS) was not barred by double jeopardy, since defendant was still serving his prison term at that time, and therefore had no reasonable expectation of finality in his illegal sentence (see People v Murrell, 73 AD3d 598 [2010]).

We have considered and rejected defendant's due process argument. Defendant's statutory claims are similar to arguments that were rejected in People v Williams (14 NY3d 198 [2010]).

There is no basis for a reduction of the PRS term, or for a remand for reconsideration of that term. Concur—Saxe, J.P., Friedman, Moskowitz, Freedman and RomÁn, JJ.