Opinion
2011-11-9
The PEOPLE, etc., respondent,v.Dwayne HARRIS, appellant.
Lynn W.L. Fahey, New York, N.Y. (Ellen Fried of counsel), for appellant.Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; Benjamin Barczewski on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Dowling, J.), imposed September 20, 2010, which, upon his conviction of criminal possession of a weapon in the second degree, imposed a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on August 20, 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 including 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, 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. Adams, 85 A.D.3d 1192, 925 N.Y.S.2d 901, lv. denied 17 N.Y.3d 857, 932 N.Y.S.2d 22, 956 N.E.2d 803; People v. Guillen, 85 A.D.3d 1201, 926 N.Y.S.2d 297, lv. denied 17 N.Y.3d 859, 932 N.Y.S.2d 24, 956 N.E.2d 805; People v. Lopez, 85 A.D.3d 1059, 925 N.Y.S.2d 868).
SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.