People v. Lanier

82 A.D.3d 556, 918 N.Y.2d 716

This text of 82 A.D.3d 556 (People v. Lanier) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Lanier, 82 A.D.3d 556, 918 N.Y.2d 716 (N.Y. Ct. App. 2011).

Opinion

[557]*557The resentencing proceeding imposing a term of postrelease supervision was lawful in all respects (see People v Murrell, 73 AD3d 598 [2010], lv granted 15 NY3d 854 [2010]; People v Thomas, 68 AD3d 514, 515 [2009], appeal withdrawn 14 NY3d 845 [2010]).

The resentencing only involved the imposition of postrelease supervision and therefore, the sentencing court had no occasion to revisit the original prison sentence. Similarly, the resentencing does not present this Court with such an occasion. Were we to reach defendant’s excessive sentence claim, we would find no basis to reduce defendant’s sentence. Concur — Mazzarelli, J.E, Andrias, Catterson, Moskowitz and Román, JJ.

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Related

People v. Thomas
68 A.D.3d 514 (Appellate Division of the Supreme Court of New York, 2009)
People v. Murrell
73 A.D.3d 598 (Appellate Division of the Supreme Court of New York, 2010)

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Bluebook (online)
82 A.D.3d 556, 918 N.Y.2d 716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lanier-nyappdiv-2011.