Opinion
2013-01-16
The PEOPLE, etc., respondent, v. Jason LOVETT, appellant.
Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel; David Xu on the brief), for respondent.
Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel; David Xu on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Brennan, J.), imposed on June 18, 2009, upon his conviction of criminal possession of a weapon in the second degree and assault in the second degree, the resentence being periods of postrelease supervision in addition to the determinate terms of imprisonment previously imposed on January 14, 2002.
ORDERED that the resentence is affirmed.
Since the defendant had not yet completed his originally imposed sentence of imprisonment when he was resentenced, the 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 of law ( see People v. Lingle, 16 N.Y.3d 621, 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;People v. Adams, 85 A.D.3d 1192, 925 N.Y.S.2d 901;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).
The periods of postrelease supervision imposed at resentencingwere not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).