AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMION HOWELL, Appellant.

Ordered that the order is affirmed.

Pursuant to a promise made at the time of the defendant's guilty plea, the Supreme Court sentenced the defendant to, inter alia, two determinate prison terms of 15 years, to run concurrently. Neither the transcript of the sentencing proceeding nor the Supreme Court's order of commitment contains any reference to the imposition of a period of post-release supervision. Therefore, the sentence actually imposed by the court never included, and does not now include, any period of postrelease supervision ( see Hill v United States ex rel. Wampler, 298 US 460; People v Wilson, 37 AD3d 855; People v Noble, 37 AD3d 622; Earley v Murray, 451 F3d 71, rearg denied 462 F3d 147; but see People v Sparber, 34 AD3d 265).

Under these circumstances, the defendant received precisely the sentence for which he bargained, and thus he failed to articulate any reason for vacating his judgment of conviction, upon his plea of guilty ( cf. People v Catu, 4 NY3d 242), or modifying his sentence in any way. Accordingly, we affirm the Supreme Court's order denying the defendant's motion for relief pursuant to CPL article 440.

Use AI to get other relevant cases.

Comments

PEOPLE v. HOWELL
(May 15, 2007)