People v. Dean
Opinion of the Court
Defendant contends that the prosecutor engaged in misconduct on summation but failed to preserve for our review any of the alleged instances of misconduct (see CPL 470.05 [2]; People v Cox, 21 AD3d 1361, 1363-1364 [2005], lv denied 6 NY3d 753 [2005]), and we decline to exercise our power to review defendant’s contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Defendant further contends that County Court violated the Confrontation Clause by ruling that defense counsel opened the door to a hearsay statement. We reject that contention. In People v Reid (19 NY3d 382, 384-385 [2012]), the Court of Appeals concluded that the door could be opened to evidence that was otherwise inadmissible under the Confrontation Clause. We further conclude that the rule enunciated in Reid should be applied retroactively (see People v
We note that there is discrepancy between the certificate of conviction and the sentencing minutes with respect to count three, charging defendant with burglary in the second degree (Penal Law § 140.25 [2]). Defendant was sentenced to a determinate term of five years’ imprisonment with three years’ postrelease supervision, but the certificate of conviction states that defendant was sentenced to seven years’ imprisonment with five years’ postrelease supervision. In addition, the period of postrelease supervision must in any event be at least five years (see §§ 70.00 [6]; 70.06 [6] [b]; 70.45 [2]). Thus, we modify the judgment by vacating the sentence imposed on count three, and we remit the matter to County Court for resentencing on count three and for the court to correct the discrepancy between the certificate of conviction and the sentencing minutes regarding that count (see People v Hall, 5 AD3d 1011, 1011-1012 [2004]).
We have considered defendant’s remaining contentions and conclude that they are without merit. Present — Scudder, P.J., Smith, Fahey, Carni and Martoche, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.