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PEOPLE v. VELEZ

No. 123, 150 SSM 25.

19 N.Y.3d 642 (2012)

975 N.E.2d 907

951 N.Y.S.2d 461

2012 NY Slip Op 5198

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JESSIE VELEZ, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINCENT RODRIGUEZ, Appellant.

Court of Appeals of New York.

Decided June 28, 2012.

Attorney(s) appearing for the Case

Robert T. Johnson , District Attorney, Bronx ( Bari L. Kamlet and Joseph N. Ferdenzi of counsel), for appellant in the first above-entitled action.

Center for Appellate Litigation, New York City ( Mark W. Zeno and Robert S. Dean of counsel), for respondent in the first above-entitled action.

Center for Appellate Litigation, New York City ( Mark W. Zeno and Robert S. Dean of counsel), for appellant in the second above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( John B.F. Martin and Alan Gadlin of counsel), for respondent in the second above-entitled action.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

Correction Law § 601-d provides a procedure for resentencing defendants in cases where the original sentence illegally omitted a term of postrelease supervision (PRS). In these two cases, defendants claim that their resentencings under the statute were untimely, and therefore invalid. Both defendants rely on the failure of the courts that resentenced them to meet a deadline contained in the statute; defendant Jessie Velez...

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