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People v. Howell

Supreme Court, Appellate Division, Second Department, New York.
Nov 13, 2013
111 A.D.3d 761 (N.Y. App. Div. 2013)

Opinion

2013-11-13

The PEOPLE, etc., respondent, v. Donald HOWELL, appellant.

Lynn W.L. Fahey, New York, N.Y. (David G. Lowry of counsel), for appellant. Charles J. Hynes, 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. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.

Appeals by the defendant from (1) a resentence of the Supreme Court, Kings County (Brennan, J.), imposed December 16, 2011, upon his conviction of manslaughter in the first degree, after a nonjury trial, the resentence being a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on March 31, 2004, and (2) a resentence of the same court (Reichbach, J.), imposed May 22, 2012, upon, in effect, vacatur of the resentence imposed December 16, 2011, the resentence being a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on March 31, 2004.

ORDERED that the appeal from the resentence imposed December 16, 2011, is dismissed as academic; and it is further,

ORDERED that the resentence imposed May 22, 2012, is affirmed.

Contrary to the defendant's contentions, his 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, since, at the time he was resentenced, he had not yet completed the sentence of imprisonment originally imposed upon him ( see People v. Brinson, 21 N.Y.3d 490, 492–495, 972 N.Y.S.2d 182, 995 N.E.2d 144;People v. Lingle, 16 N.Y.3d 621, 630, 926 N.Y.S.2d 4, 949 N.E.2d 952;People v. Gauze, 108 A.D.3d 778, 970 N.Y.S.2d 73;People v. Rogers, 108 A.D.3d 683, 968 N.Y.S.2d 400).

SKELOS, J.P., BALKIN, AUSTIN and SGROI, JJ., concur.


Summaries of

People v. Howell

Supreme Court, Appellate Division, Second Department, New York.
Nov 13, 2013
111 A.D.3d 761 (N.Y. App. Div. 2013)
Case details for

People v. Howell

Case Details

Full title:The PEOPLE, etc., respondent, v. Donald HOWELL, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Nov 13, 2013

Citations

111 A.D.3d 761 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 7501
974 N.Y.S.2d 806