Appellate Division of the Supreme Court of New York, 2011

People v. Edwards

Appellate Division of the Supreme Court of New York · Decided November 22, 2011

89 A.D.3d 1034; 933 N.Y.2d 564

Cases that cite this one

26 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Dow (Appellate Division of the Supreme Court of New York 2012)
People v. LaMorie (Appellate Division of the Supreme Court of New York 2012)
People v. Oglesby (Appellate Division of the Supreme Court of New York 2012)
People v. Singh (Appellate Division of the Supreme Court of New York 2012)
People v. Mandrall (Appellate Division of the Supreme Court of New York 2012)
People v. Marin (Appellate Division of the Supreme Court of New York 2012)
People v. Taylor (Appellate Division of the Supreme Court of New York 2012)
People v. Topp (Appellate Division of the Supreme Court of New York 2012)
People v. Warren (Appellate Division of the Supreme Court of New York 2012)
People v. Bailey (Appellate Division of the Supreme Court of New York 2012)
People v. John (Appellate Division of the Supreme Court of New York 2012)
People v. Betancourt (Appellate Division of the Supreme Court of New York 2012)
People v. Czarnecki (Appellate Division of the Supreme Court of New York 2012)
People v. Gordon (Appellate Division of the Supreme Court of New York 2012)
People v. Warren (Appellate Division of the Supreme Court of New York 2012)
People v. Williams (Appellate Division of the Supreme Court of New York 2012)
People v. Dolberry (Appellate Division of the Supreme Court of New York 2012)
People v. Dolberry (Appellate Division of the Supreme Court of New York 2012)
People v. Acosta (Appellate Division of the Supreme Court of New York 2012)
People v. Barrett (Appellate Division of the Supreme Court of New York 2012)
People v. Mack (Appellate Division of the Supreme Court of New York 2012)
People v. Lopez (Appellate Division of the Supreme Court of New York 2012)
People v. Russ (Appellate Division of the Supreme Court of New York 2012)
People v. Pullum (Appellate Division of the Supreme Court of New York 2012)
People v. Taylor (Appellate Division of the Supreme Court of New York 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Since the defendant had not yet completed his originally imposed sentence of imprisonment when he was resentenced, the resentencing to a term including the statutorily required period of postrelease supervision did not subject him to double jeopardy or violate his right to due process of law (see People v Lingle, 16 NY3d 621 [2011]; People v Dawkins, 87 AD3d 550 [2011]; People v Myrick, 84 AD3d 1272 [2011], lv denied 17 NY3d 820 [2011]).

*1035On an appeal from a resentence to correct a Sparber error (People v Sparber, 10 NY3d 457 [2008]), this Court lacks the authority to reconsider the incarceratory component of the defendant’s sentence (see People v Lingle, 16 NY3d at 635; People v Myrick, 84 AD3d at 1272). Mastro, J.E, Florio, Lott and Cohen, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.