People v. Florio

125 A.D.3d 451, 999 N.Y.S.2d 741

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 5, 2015
• Docket: 14163 6115/99
• Status: Published

Opinion

Judgment of resentence, Supreme Court, New York County (Charles H. Solomon, J.), rendered March 2, 2012, resentencing defendant to a term of 15 years, with 2V2 years’ postrelease supervision, unanimously affirmed.

There was no unreasonable delay in resentencing defendant for the purpose of adding a term of postrelease supervision (see People v Williams, 14 NY3d 198, 213 [2010]). “[E]ven assuming that CPL 380.30 applies, there was no violation of the statute because defendant [ ] [was] resentenced within a reasonable time after DOCS notified the courts that [he was a] ‘designated person[ ]’ under Correction Law § 601-d” (id.). There is nothing in Williams, nor in any other authority, to suggest that the delay should be measured from the date that the Court of Appeals decided People v Sparber (10 NY3d 457 [2008]), which rendered resentencing necessary. Concur — Acosta, J.P., Renwick, Feinman, Clark and Kapnick, JJ.