People v Blackman

People v Blackman 2012 NY Slip Op 08758 Decided on December 19, 2012 Appellate Division, Second 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 December 19, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
2011-07300
(Ind. No. 01-00043)

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

v

Anthony Blackman, also known as Anthony Blackmon, appellant.




James D. Licata, New City, N.Y. (Lois Cappelletti of counsel),
for appellant.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Carrie
A. Ciganek of counsel; Jordan
Austin on the brief), for respondent.


DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Rockland County (Kelly, J.), imposed on July 19, 2011, upon his conviction of rape in the first degree, sodomy (now criminal sexual act) in the first degree, and burglary in the second degree, upon a jury verdict, the resentence being periods of postrelease supervision in addition to the determinate terms of imprisonment previously imposed on November 26, 2001.

ORDERED that the resentence is affirmed.

Contrary to the defendant's contention, the periods of postrelease supervision imposed by the Supreme Court upon his resentence were not excessive (see People v Guillen, 85 AD3d 1201, 1202; People v Suitte, 90 AD2d 80).
SKELOS, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court