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PEOPLE v. SCALERCIO
Appellate Division of the Supreme Court of New York, Second Department.
Mar 23, 2010
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Ordered that the resentence is affirmed.
On April 29, 2002, after entering a plea of guilty, the defendant was sentenced to an aggregate determinate term of imprisonment of 10 years. On August 1, 2008, more than one year before the date on which he was scheduled to be released from incarceration, the defendant was brought before the County Court for resentencing, so that the mandatory period of postrelease supervision could be imposed ( see Penal Law ยง 70.45). .
Contrary to the defendant's contention, his constitutional right to due process was not violated by the resentencing ( see DeWitt v Ventetoulo, 6 F3d 32, 36, cert denied 511 US 1032; cf. People v Williams, ___ NY3d ___, 2010 NY Slip Op 01527).
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