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People v. Gumbs

Supreme Court, Appellate Division, Second Department, New York.
Apr 3, 2013
105 A.D.3d 759 (N.Y. App. Div. 2013)

Opinion

2013-04-3

The PEOPLE, etc., respondent, v. Eddie GUMBS, also known as Edward A. Gumbs, appellant.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel), for respondent.


Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel), for respondent.

Appeal by the defendant from a resentence of the County Court, Suffolk County (Hinrichs, J.), imposed May 25, 2011, upon his conviction of robbery in the first degree, upon a jury verdict, the resentence being a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on May 18, 2001.

ORDERED that the resentence is affirmed.

Since the defendant had not yet completed his originally imposed sentence of imprisonment when he was resentenced, the 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. Louis, 90 A.D.3d 1075, 935 N.Y.S.2d 516;People v. Dawkins, 87 A.D.3d 550, 927 N.Y.S.2d 797).

The defendant's remaining contention is without merit.

RIVERA, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.


Summaries of

People v. Gumbs

Supreme Court, Appellate Division, Second Department, New York.
Apr 3, 2013
105 A.D.3d 759 (N.Y. App. Div. 2013)
Case details for

People v. Gumbs

Case Details

Full title:The PEOPLE, etc., respondent, v. Eddie GUMBS, also known as Edward A…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Apr 3, 2013

Citations

105 A.D.3d 759 (N.Y. App. Div. 2013)
961 N.Y.S.2d 796
2013 N.Y. Slip Op. 2264

Citing Cases

Gumbs v. Cunningham

Petitioner appealed the resentence, advancing the same claims he raised in the lower court (i.e., due…