Opinion
2012-02-21
The PEOPLE, etc., respondent, v. Dion A. JOHN, appellant.
Steven Banks, New York, N.Y. (Laura Lieberman Cohen of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Gretchen Robinson of counsel), for respondent.
Steven Banks, New York, N.Y. (Laura Lieberman Cohen of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Gretchen Robinson of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County (Buchter, J.), imposed June 3, 2009, which, upon his conviction of attempted robbery in the first degree and attempted robbery in the second degree, upon a jury verdict, imposed a period of postrelease supervision of two and one-half years in addition to the determinate terms of imprisonment previously imposed on March 3, 2005.
ORDERED that the resentence is affirmed.
Since the defendant had not yet completed serving his originally imposed sentence of imprisonment when he was resentenced, the resentencing to a mandatory 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. Warren, 91 A.D.3d 800, 936 N.Y.S.2d 904; People v. Ralph, 91 A.D.3d 796, 936 N.Y.S.2d 903; People v. Mills, 90 A.D.3d 1076, 934 N.Y.S.2d 862; People v. Louis, 90 A.D.3d 1075, 935 N.Y.S.2d 516; People v. Edwards, 89 A.D.3d 1034, 933 N.Y.S.2d 564; People v. Douglas, 89 A.D.3d 959, 932 N.Y.S.2d 722; People v. Dawkins, 87 A.D.3d 550, 927 N.Y.S.2d 797; People v. Guillen, 85 A.D.3d 1201, 926 N.Y.S.2d 297; People v. Lopez, 85 A.D.3d 1059, 925 N.Y.S.2d 868; People v. Myrick, 84 A.D.3d 1272, 923 N.Y.S.2d 346).