Opinion
2014-04-2
The PEOPLE, etc., respondent, v. Daniel WILLIAMS, appellant.
Lynn W.L. Fahey, New York, N.Y. (David G. Lowry of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (David G. Lowry of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Carroll, J.), imposed December 18, 2012, upon his conviction of attempted murder in the second degree and criminal possession of a weapon in the second degree, the resentence being periods of postrelease supervision in addition to the determinate terms of imprisonment previously imposed on October 7, 2003.
ORDERED that the resentence is affirmed.
Inasmuch as the defendant had not yet completed the originally imposed sentences of imprisonment when he was resentenced, his resentencing to terms including the statutorily required periods 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, 630–632, 926 N.Y.S.2d 4, 949 N.E.2d 952;People v. Harrison, 112 A.D.3d 967, 977 N.Y.S.2d 374;People v. Hernandez, 110 A.D.3d 918, 919, 972 N.Y.S.2d 913,lv. denied 2014 N.Y. Slip Op. 97193 [U][2014];People v. Rogers, 105 A.D.3d 776, 777, 961 N.Y.S.2d 796). DILLON, J.P., LEVENTHAL, CHAMBERS and LASALLE, JJ., concur.