People v Quinones

People v Quinones 2011 NY Slip Op 02741 Decided on April 5, 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 April 5, 2011
Mazzarelli, J.P., Sweeny, Renwick, Richter, Manzanet-Daniels, JJ.
4709 56/05

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

v

Reynaldo Quinones, Defendant-Appellant.



 
Robert S. Dean, Center for Appellate Litigation, New York
(Robin Nichinsky of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Richard
Nahas of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Roger S. Hayes, J.), rendered December 1, 2009, resentencing defendant, as a second felony offender, to a term of 5 years, with 3 years' postrelease supervision, unanimously affirmed.

After granting defendant's CPL 440.46 resentencing motion, the court sufficiently reduced the sentence. Since defendant has completed his prison term, the only material issue before us is whether he should receive a shorter period of postrelease supervision. Given defendant's criminal and prison disciplinary history, we find that the public interest would not be served by reducing the portion of his sentence that is designed to "ensure that such offenders are appropriately monitored upon their reintroduction into society" (People v Sparber, 10 NY3d 457 [2008]).

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

ENTERED: APRIL 5, 2011

CLERK