Opinion
2011-12-27
The PEOPLE, etc., respondent, v. Barnabas LOUIS, 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 Solomon Neubort of counsel; Joseph N. Schneiderman 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 Solomon Neubort of counsel; Joseph N. Schneiderman on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (D'Emic, J.), imposed March 11, 2010, which, upon his conviction of manslaughter in the first degree, upon a jury verdict, imposed a period of postrelease supervision in addition to the determinate sentence of imprisonment previously imposed on January 8, 2001.
ORDERED that the resentence is affirmed.
Contrary to the defendant's contention, his 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, since he had not yet completed his originally-imposed sentence of imprisonment at the time he was resentenced ( see People v. Lingle, 16 N.Y.3d 621, 630–632, 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. 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).
The defendant's remaining contentions are without merit.