Opinion
2013-01-16
The PEOPLE, etc., respondent, v. Ramal DAVIS, appellant.
Lynn W.L. Fahey, New York, N.Y. (Sonia Mikolic–Torreira of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Phyllis Mintz of counsel; Kevin Farley on the brief), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Sonia Mikolic–Torreira of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Phyllis Mintz of counsel; Kevin Farley on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (McKay, J.), imposed March 24, 2011, upon his convictions of manslaughter in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, the resentence being a period of postrelease supervision in addition to a determinate term of imprisonment previously imposed on November 8, 2000.
ORDERED that the resentence is affirmed.
Since the defendant had not yet completed serving his originally imposed sentence of imprisonment when he was resentenced, his resentencing to a term which included the statutorily required period of postrelease supervision did not subject him to double jeopardy or violate his right to due process of law ( see People v. Lingle, 16 N.Y.3d 621, 926 N.Y.S.2d 4, 949 N.E.2d 952;People v. Jones, 94 A.D.3d 1146, 942 N.Y.S.2d 797;People v. John, 92 A.D.3d 896, 938 N.Y.S.2d 810;People v. Mills, 90 A.D.3d 1076, 934 N.Y.S.2d 862;People v. Douglas, 89 A.D.3d 959, 932 N.Y.S.2d 722;People v. Harris, 86 A.D.3d 543, 543–544, 926 N.Y.S.2d 319).