Opinion
No. 2009-01939.
October 5, 2010.
Appeal by the defendant from a resentence of the Supreme Court, Richmond County (Rooney, J.), imposed February 3, 2009, which, upon his conviction of robbery in the first degree, upon a jury verdict, imposed a period of postrelease supervision of five years in addition to the determinate term of imprisonment previously imposed on September 28, 2000.
Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Anne Grady of counsel), for respondent.
Before: Dillon, J.P., Florio, Roman and Sgroi, JJ.
Ordered that the resentence is affirmed.
After a defendant is released from prison, a legitimate expectation in the finality of the sentence arises ( see People v Williams, 14 NY3d 198, 217), and the Double Jeopardy Clause of the United States Constitution ( see US Const 5th Amend) precludes a court from adding a period of postrelease supervision to the sentence ( see People v Jordan, 15 NY3d 727; People v Grant, 75 AD3d 558). Here, since the defendant had not yet completed serving the 18-year prison term to which he was sentenced in 2000, the 2009 resentencing did not violate the defendant's double jeopardy or due process rights ( see People v Jordan, 15 NY3d 727; People v Hassell, 14 NY3d 925; People v Williams, 14 NY3d 198; People v Sparber, 10 NY3d 457; People v Pruitt, 74 AD3d 1366; People v Mandez, 73 AD3d 951; People v Parisi, 72 AD3d 989; People v Scalercio, 71 AD3d 1060; People v Prendergast, 71 AD3d 1055; People v Bowman, 65 AD3d 636; People v Stewartson, 63 AD3d 966).
The defendant's remaining contention is without merit.