People v. McCoy
Cases that cite this one
3 later published cases cite this decision.
- COLLINS, JR., LARRY, PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
- People v. Collins (Appellate Division of the Supreme Court of New York 2014)
- People v. Collins (Appellate Division of the Supreme Court of New York 2014)
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
Ordered that the resentence is affirmed.
The Supreme Court acted within its inherent power when it resentenced the defendant to the same sentence it had imposed previously, but added an express provision that, as required by Penal Law § 70.25 (2-a), the sentence was to run consecutively to an undischarged indeterminate sentence that had been imposed in 1994 (see People v Minaya, 54 NY2d 360, 365 [1981], cert denied 455 US 1024 [1082]; People v Johnson, 67 AD3d 597, 597 [2009]; cf. People v DeValle, 94 NY2d 870, 871 [2000]; People v Wright, 56 NY2d 613, 614 [1982]). The resentence did not change the substance of the sentence (see CPL 430.10; cf. People v Richardson, 100 NY2d 847, 853 [2003]), but merely made express what Penal Law § 70.25 (2-a) already deemed the Supreme Court to have done when it initially sentenced the defendant (see People ex rel. Gill v Greene, 12 NY3d 1, 6 [2009], cert denied sub nom. Gill v Rock, 558 US —, 130 S Ct 86 [2009]). Skelos, J.P, Balkin, Leventhal and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.