People v. Corker
| Decision Date | 17 November 2009 |
| Docket Number | 2007-11414. |
| Citation | 2009 NY Slip Op 08633,67 A.D.3d 926,888 N.Y.S.2d 418 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WYKEME CORKER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the resentence is affirmed.
The defendant's contentions that resentencing him approximately 7 years into his 12½year term of imprisonment to add to his sentence the statutorily mandated period of postrelease supervision (see Penal Law § 70.45) violated his State and Federal constitutional rights to due process, to equal protection, and not to be subjected to cruel and unusual punishment, are unpreserved for appellate review (see People v Rosario, 22 AD3d 871, 872 [2005]; People v Travis, 213 AD2d 571 [1995]; cf. People v Samms, 95 NY2d 52, 56 [2000]), and we decline to reach those contentions in the exercise of our interest of justice jurisdiction.
The period of postrelease supervision imposed on the resentence was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
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