People v. VanHooser

Mar 27, 2015
Appeal No. 1
Versions:126 A.D.3d 1531
4 N.Y.S.3d 567

It is hereby ordered that the resentence so appealed from is unanimously affirmed.

Memorandum: Defendant was convicted upon his plea of guilty of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]) and sentenced as a predicate felon to seven years of incarceration and five years of postrelease supervision. County Court later resentenced defendant as a second violent felony offender to the same sentence, and defendant now appeals from the resentence. “Defendant failed to preserve for our review his contention that the [8½-year] gap between his original sentence and his resentence violated his statutory right to have his sentence pronounced ‘without unreasonable delay’ (People v Smikle, 112 AD3d 1357, 1358 [2013], lv denied 22 NY3d 1141 [2014]). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]).

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence, and the matter is remitted to Onondaga County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him upon