Opinion
April 20, 1995
Appeal from the Supreme Court, New York County (Carol Berkman, J.).
Defendant contends that the 2 1/3 to 7 year sentence was illegal and violative of her right not to be placed twice in jeopardy and thus should be vacated, and the charge dismissed, since she had already completed her sentence of interim supervision by reporting regularly to probation. However, notwithstanding that defendant never raised such an argument before the sentencing court and that the People maintain that she stopped reporting to the Department of Probation some time after her final court appearance in May of 1988, the fact is that the defense's position is contrary to People v Rodney E. ( 77 N.Y.2d 672), wherein the Court of Appeals declared the practice of interim supervision to be illegal. In that matter, the Court, despite finding that the defendant therein had been improperly placed on interim supervision, simply ordered that the defendant be resentenced, a procedure that this Court has also consistently followed (see, People v Thompson, 202 A.D.2d 247; People v Mack, 194 A.D.2d 384; People v Spina, 186 A.D.2d 9).
Concur — Sullivan, J.P., Ellerin, Wallach, Asch and Williams, JJ.