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People v. Jenkins

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 2007
45 A.D.3d 448 (N.Y. App. Div. 2007)

Opinion

No. 2148 1087/05.

November 20, 2007.

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered October 17, 2006, convicting defendant, upon his plea of guilty, of sodomy in the first degree, and sentencing him, as a second violent felony offender, to a term of 10 years, unanimously modified, on the law, to the extent of deleting the provision for postrelease supervision, and otherwise affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (William A. Loeb of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Jessica Slutsky of counsel), for respondent.

Before: Andrias, J.P., Nardelli, Gonzalez, Sweeny and Malone, JJ.


As the People concede, since defendant committed this crime prior to the effective date of Penal Law § 70.45, which provides for postrelease supervision, his sentence is unlawful to the extent indicated. The court's allegedly premature designation of defendant as a "predicate" sex offender, was mere surplusage of no legal significance, and defendant's arguments on this issue are without merit. We perceive no basis for reducing the sentence.


Summaries of

People v. Jenkins

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 2007
45 A.D.3d 448 (N.Y. App. Div. 2007)
Case details for

People v. Jenkins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID JENKINS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 20, 2007

Citations

45 A.D.3d 448 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 9119
844 N.Y.S.2d 873

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People v. Jenkins

February 25, 2008. Appeal from the 1st Dept: 45 AD3d 448 (NY). Read,…