People v Joseph

People v Joseph 2011 NY Slip Op 07288 Decided on October 18, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 18, 2011
Saxe, J.P., Friedman, Moskowitz, Freedman, Richter, JJ.
5752 6800/03

[*1]The People of the State of New York, Respondent, -

v

Mike Joseph, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Barbara Zolot of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sean T.
Masson of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Renee A. White, J.), rendered April 27, 2010, resentencing defendant to a term of 6 years, with 2 years' postrelease supervision, unanimously affirmed.

There is no basis for further reducing the sentence pursuant to CPL 440.46, and we perceive no basis for reducing defendant's term of postrelease supervision to one and one-half years.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 18, 2011

CLERK