The People of the State of New York, Respondent, v. James Lanier, Defendant-Appellant. (2011)

Supreme Court, Appellate Division, First Department, New York.

The People of the State of New York, Respondent, v. James Lanier, Defendant-Appellant.

4353

Decided: March 17, 2011

Mazzarelli, J.P., Andrias, Catterson, Moskowitz, Román, JJ.

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.

Judgment of resentence, Supreme Court, Bronx County (Michael A. Gross, J.), rendered February 5, 2009, resentencing defendant to a term of 7 years, with 5 years' postrelease supervision, unanimously affirmed.

The resentencing proceeding imposing a term of postrelease supervision was lawful in all respects (see People v. Murrell, 73 AD3d 598 [2010], lv granted 15 NY3d 854 [2010]; People v. Thomas, 68 AD3d 514, 515 [2009], appeal withdrawn 14 NY3d 845 [2010] ).

The resentencing only involved the imposition of post release 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.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network