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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WYKEME CORKER, Appellant.

Ordered that the resentence is affirmed.

The defendant's contentions that resentencing him approximately 7 years into his 12½-year term of imprisonment to add to his sentence the statutorily mandated period of post-release supervision ( see Penal Law § 70.45) violated his State and Federal constitutional rights to due process, to equal protection, and not to be subjected to cruel and unusual punishment, are unpreserved for appellate review ( see People v Rosario, 22 AD3d 871, 872; People v Travis, 213 AD2d 571; cf. People v Samms, 95 NY2d 52, 56), and we decline to reach those contentions in the exercise of our interest of justice jurisdiction.

The period of postrelease supervision imposed on the resentence was not excessive ( see People v Suitte, 90 AD2d 80).

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PEOPLE v. CORKER
(Nov 17, 2009)