People v Corker

People v Corker 2009 NY Slip Op 08633 [67 AD3d 926] November 17, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 6, 2010

The People of the State of New York, Respondent,
v
Wykeme Corker, Appellant.

—[*1] Gary E. Eisenberg, New City, N.Y., for appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel; Severyn Rebisz on the brief), for respondent.

Appeal by the defendant from a resentence of the County Court, Rockland County (Alfieri, J.), imposed June 4, 2007, upon his conviction of assault in the first degree, upon a jury verdict.

Ordered that the resentence is affirmed.

The defendant's contentions that resentencing him approximately 7 years into his 12½-year term of imprisonment to add to his sentence the statutorily mandated period of postrelease supervision (see Penal Law § 70.45) violated his State and Federal constitutional rights to due process, to equal protection, and not to be subjected to cruel and unusual punishment, are unpreserved for appellate review (see People v Rosario, 22 AD3d 871, 872 [2005]; People v Travis, 213 AD2d 571 [1995]; cf. People v Samms, 95 NY2d 52, 56 [2000]), and we decline to reach those contentions in the exercise of our interest of justice jurisdiction.

The period of postrelease supervision imposed on the resentence was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Dillon, J.P., Dickerson, Lott and Austin, JJ., concur.