People v Padilla
2010 NY Slip Op 06693 [76 AD3d 907]
September 23, 2010
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 27, 2010


The People of the State of New York, Respondent,
v
Rafael Padilla, Appellant.

[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Joseph M. Nursey of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Richard D. Carruthers, J.), rendered April 17, 2009, resentencing defendant to concurrent terms of 12 years, with five years' postrelease supervision, unanimously affirmed.

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 [2010]).

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 [2010]). Concur—Saxe, J.P., Friedman, Moskowitz, Freedman and RomÁn, JJ.