Court of Appeals of New York

In a criminal dispute arising from the failure of trial court to pronounce the imposition of sentence of post-release supervision (PRS) in the presence of defendants as required by People v Sparber, judgment of appellate division is affirmed in part and reversed in part where: 1) error does not relieve defendants of their statutory obligation to serve PRS on grounds of double jeopardy and/or due process; 2) Sparber does not give resentencing courts discretion to reconsider the propriety of their sentences as a whole; and 3) the Appellate Division may not reduce the prison sentence on a Sparber appeal in the interest of justice.

Appellate Information

• Decided 04/28/2011
• Published 04/28/2011

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• Court of Appeals of New York

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