PEOPLE v. EPPS (2013)

The PEOPLE of the State of New York, Respondent, v. William EPPS, Defendant–Appellant.

Decided: April 18, 2013

TOM, J.P., SWEENY, SAXE, ROMÁN, FEINMAN, JJ.

Law Office of Robert DiDio, Kew Gardens (Danielle Muscatello of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel), for respondent.

Appeal from order, Supreme Court, New York County (Jill Konviser, J.), entered on or about September 11, 2012, which denied resentencing under Correction Law § 601–d, unanimously dismissed, as taken from a nonappealable order.

Citing double jeopardy concerns, the court declined to add postrelease supervision to defendant's original sentence. Defendant, who asserts that he would derive certain benefits from being resentenced, argues that he should still be resentenced to his original prison term, without adding PRS. Since this appeal was not taken from a sentence or a resentence, but rather, from the denial of resentencing, it must be dismissed (see People v. Pagan, 19 NY3d 368 [2012]; People v. De Jesus, 54 N.Y.2d 447 [1981] ). “[N]o appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization” (People v. Santos, 64 N.Y.2d 702, 704 [1984] ).

Defendant's further contention that he should be permitted to withdraw his plea of guilty is not properly before this Court.

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Out of date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!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law