Summary
This Appellate Division, Fourth Department opinion addresses a defendant's appeal challenging an illegal sentence that included three and a half years of postrelease supervision instead of the statutory maximum of three years. Although the Department of Corrections corrected the sentence to three years, the record lacks evidence that the resentencing occurred in the defendant's presence or that he waived his right to be present. Consequently, the court holds the case, reserves decision, and remits the matter to County Court to clarify whether the resentencing was conducted properly.
Topics
Practice areas
Questions Presented
- Whether the defendant was properly resentenced in his presence or with a valid waiver, as required by New York law.
- Whether the original sentence’s period of post‑release supervision exceeding three years is illegal.
Holdings
- The appellate court remands the matter to the County Court for clarification of whether the defendant was properly resentenced.
Key quotations
“It is well established that "resentencing to correct an error in a sentence must be done in the defendant's presence" (People v. Perkins, 162 AD3d 1641, 1642 [4th Dept 2018]).” (N/A)
Factual background
Defendant Tyrell A. Reeder pleaded guilty to attempted criminal possession of a controlled substance in the third degree and was sentenced to a period of post‑release supervision of three and one‑half years. The New York State Department of Corrections and Community Supervision later notified the court that the sentence exceeded the statutory maximum and the court issued an amended sentence of three years, but the record does not indicate whether the resentencing occurred in the defendant's presence or with a proper waiver.
Procedural history
The defendant pleaded guilty and was sentenced to a term of post‑release supervision of 3½ years, exceeding the statutory maximum of three years. The Department of Corrections and Community Supervision sent a letter correcting the sentence to three years, but the record did not show that the defendant was present for resentencing.
Remand instructions
Clarify whether the defendant was properly resentenced to a three‑year term of post‑release supervision.