Opinion
No. 4353.
March 17, 2011.
Judgment of resentence, Supreme Court, Bronx County (Michael A. Gross, J.), rendered February 5, 2009, resentencing defendant to a term of seven years, with five years' postrelease supervision, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Robin Nichinsky of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Jean Soo Park of counsel), for respondent.
Before: Mazzarelli, J.P., Andrias, Catterson, Moskowitz and Román, JJ.
The resentencing proceeding imposing a term of postrelease supervision was lawful in all respects ( see People v Murrell, 73 AD3d 598, lv granted 15 NY3d 854; People v Thomas, 68 AD3d 514, 515, appeal withdrawn 14 NY3d 845).
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.