Opinion
2011-11-15
The PEOPLE, etc., respondent,v.Houston DOUGLAS, appellant.
Lynn W.L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel; Reuben Arnold on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Reichbach, J.), imposed June 16, 2010, which, upon his convictions of assault in the first degree, criminal possession of a *723 weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, imposed a period of postrelease supervision in addition to the determinate terms of imprisonment previously imposed on April 26, 2006.
ORDERED that the resentence is affirmed.
Since the defendant had not yet completed his originally imposed sentence of imprisonment when he was resentenced, resentencing him 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. Dawkins, 87 A.D.3d 550, 927 N.Y.S.2d 797; People v. Harris, 86 A.D.3d 543, 543–544, 926 N.Y.S.2d 319, lv. denied 17 N.Y.3d 859, 932 N.Y.S.2d 24, 956 N.E.2d 805; People v. Guillen, 85 A.D.3d 1201, 1202, 926 N.Y.S.2d 297, lv. denied 17 N.Y.3d 859, 932 N.Y.S.2d 24, 956 N.E.2d 805).
The defendant's remaining contention is without merit.
RIVERA, J.P., DICKERSON, ENG and ROMAN, JJ., concur.