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People v. Bunyan

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 7, 2018
166 A.D.3d 645 (N.Y. App. Div. 2018)

Opinion

2016–10802 S.C.I. No. 431-09

11-07-2018

The PEOPLE, etc., Respondent, v. Derek BUNYAN, Appellant.

Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.


Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.

REINALDO E. RIVERA, J.P., SANDRA L. SGROI, SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant from an amended judgment of the County Court, Suffolk County (Barbara Kahn, J.), rendered September 1, 2016, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated conditions thereof, upon his admission, and imposing a sentence of imprisonment plus postrelease supervision upon his previous conviction of rape in the second degree.

ORDERED that the amended judgment is affirmed.

In 2009, the defendant pleaded guilty to rape in the second degree and was sentenced to a term of imprisonment of 6 months and a period of probation of 10 years. A violation of probation petition was filed against the defendant in 2016. On September 1, 2016, upon the defendant's admission that he had violated certain terms and conditions of his probation, the County Court revoked the sentence of probation and resentenced the defendant to a term of imprisonment of 2 years plus a period of postrelease supervision of 8 years.

Contrary to the defendant's contention, the period of postrelease supervision imposed upon resentencing was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ). RIVERA, J.P., SGROI, HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.


Summaries of

People v. Bunyan

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 7, 2018
166 A.D.3d 645 (N.Y. App. Div. 2018)
Case details for

People v. Bunyan

Case Details

Full title:The People of the State of New York, respondent, v. Derek Bunyan…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Nov 7, 2018

Citations

166 A.D.3d 645 (N.Y. App. Div. 2018)
166 A.D.3d 645
2018 N.Y. Slip Op. 7447