People v Singleton

People v Singleton 2012 NY Slip Op 06744 Decided on October 9, 2012 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 9, 2012
Tom, J.P., Mazzarelli, Catterson, Renwick, DeGrasse, JJ.
8228 9821N/97

[*1]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.

Judgment of resentence, Supreme Court, New York County (Marcy L. Kahn, J.), rendered May 5, 2010, resentencing defendant to an aggregate term of 11½ 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 between the resentence and another sentence defendant was serving. The resentence was structured to benefit defendant, who received the exact sentence to which he had agreed (see People v Mack, 78 AD3d 520, 521 [1st Dept 2010], lv denied 16 NY3d 833 [2011]).

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

ENTERED: OCTOBER 9, 2012

CLERK