Opinion
No. 3319.
October 7, 2010.
Judgment of resentence, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered October 7, 2008, resentencing defendant to a term of 9½ years, with five years' post-release supervision, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for respondent.
Before: Andrias, J.P., Friedman, Renwick, Richter and Manzanet-Daniels, JJ.
The resentencing proceeding imposing a term of postrelease supervision was not barred by double jeopardy, since defendant was still serving his prison term at that time, and therefore had no reasonable expectation of finality in his illegal sentence ( see People v Murrell, 73 AD3d 598).
We have considered and rejected defendant's due process argument. Defendant's remaining claims are similar to arguments that were rejected in People v Williams ( 14 NY3d 198).