Appellate Division of the Supreme Court of New York, 2013

People v. Epps

People v. Epps
Appellate Division of the Supreme Court of New York · Decided April 18, 2013 · Feinman, Román, Saxe, Sweeny, Tom
105 A.D.3d 577; 963 N.Y.S.2d 626
People v. Epps

Opinion of the Court

Appeal from order, Supreme Court, New York County (Jill Konviser, J.), entered on or about September 11, 2012, which denied resentencing under Correction Law § 601-d, unanimously dismissed, as taken from a nonappealable order.

*578Citing double jeopardy concerns, the court declined to add postrelease supervision to defendant’s original sentence. Defendant, who asserts that he would derive certain benefits from being resentenced, argues that he should still be resentenced to his original prison term, without adding PRS. Since this appeal was not taken from a sentence or a resentence, but rather, from the denial of resentencing, it must be dismissed (see People v Pagan, 19 NY3d 368 [2012]; People v De Jesus, 54 NY2d 447 [1981]). “[N]o appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization” (People v Santos, 64 NY2d 702, 704 [1984]).

Defendant’s further contention that he should be permitted to withdraw his plea of guilty is not properly before this Court.

Concur—Tom, J.P, Sweeny, Saxe, Román and Feinman, JJ.

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