Opinion
2015-01-14
The PEOPLE, etc., respondent, v. Darryl BYRON, appellant.
Lynn W.L. Fahey, New York, N.Y. (David G. Lowry of counsel), for appellant, and appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Deborah E. Wassel of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (David G. Lowry of counsel), for appellant, and appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Deborah E. Wassel of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County (McGann, J.), imposed May 31, 2012, upon his conviction of rape in the first degree, upon a jury verdict, the resentence being five years of postrelease supervision in addition to a determinate term of imprisonment previously imposed by the same court on March 12, 2001.
ORDERED that the resentence is affirmed.
The defendant's resentencing to a term that included 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. Ravenell, 120 A.D.3d 516, 517, 989 N.Y.S.2d 917; People v. Nova, 116 A.D.3d 445, 445, 982 N.Y.S.2d 764). The defendant's contention regarding his adjudication as a second violent felony offender was not properly before the court at the resentencing, which was limited to the imposition of the period of postrelease supervision ( see People v. Boyer, 22 N.Y.3d 15, 24, 977 N.Y.S.2d 731, 999 N.E.2d 1176).
The defendant's remaining contention is unpreserved for appellate review and, in any event, without merit. BALKIN, J.P., COHEN, DUFFY and LaSALLE, JJ., concur.