People v Escalera

People v Escalera 2010 NY Slip Op 07476 [77 AD3d 510] October 21, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 15, 2010

The People of the State of New York, Respondent,
v
William Escalera, Appellant.

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

Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Rena K. Uviller, J.), rendered October 20, 2008, resentencing defendant to a term of seven years with five years' postrelease supervision, unanimously affirmed.

The resentencing proceeding imposing a term of postrelease supervision 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 remaining claims are similar to arguments that were rejected in People v Williams (14 NY3d 198 [2010]).

Motion seeking coram nobis relief denied. Concur—Gonzalez, P.J., Andrias, Nardelli, McGuire and Abdus-Salaam, JJ.