Opinion
2012-11-7
The PEOPLE, etc., respondent, v. Jamale L. HARPE, appellant.
Lynn W.L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Lucas E. Wherry on the brief), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Lucas E. Wherry on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Dowling, J.), imposed April 1, 2011, which, upon his convictions of attempted murder in the second degree, the resentence being, in effect, concurrent periods of postrelease supervision in addition to the concurrent determinate terms of imprisonment previously imposed on May 2, 2003.
ORDERED that the resentence is affirmed.
Inasmuch as the defendant had not yet completed serving his originally imposed sentences of imprisonment when he was resentenced, his resentencing to a term including the statutorily required periods of postrelease supervision did not violate the double jeopardy and due process clauses of the United States Constitution ( see People v. Lingle, 16 N.Y.3d 621, 630–632, 926 N.Y.S.2d 4, 949 N.E.2d 952;People v. Pemberton, 93 A.D.3d 681, 938 N.Y.S.2d 922;People v. Ralph, 91 A.D.3d 796, 796–797, 936 N.Y.S.2d 903).
The defendant's remaining contentions are without merit.