Opinion
2012-02-21
The PEOPLE, etc., respondent, v. Lawrence BLANKYMSEE, appellant.
Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel; David Lowry on the brief), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeannette Lifschitz, and Tina Grillo of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel; David Lowry on the brief), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeannette Lifschitz, and Tina Grillo of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County (Knopf, J.), imposed October 20, 2010, which, upon his conviction of criminal possession of a weapon in the third degree (two counts), upon a jury verdict, imposed periods of postrelease supervision in addition to the determinate terms of imprisonment previously imposed on May 20, 2004.
ORDERED that the resentence is affirmed.
Contrary to the defendant's contention, his resentencing to a term which included the statutorily-required periods of postrelease supervision did not subject him to double jeopardy or violate his right to due process, since he had not yet completed serving his originally imposed sentence of imprisonment at the time he was resentenced ( see People v. Lingle, 16 N.Y.3d 621, 630, 632, 926 N.Y.S.2d 4, 949 N.E.2d 952; People v. Louis, 90 A.D.3d 1075, 935 N.Y.S.2d 516; People v. Brinson, 90 A.D.3d 670, 933 N.Y.S.2d 728; People v. Dawkins, 87 A.D.3d 550, 927 N.Y.S.2d 797; People v. Harris, 86 A.D.3d 543, 543–544, 926 N.Y.S.2d 319). At the time of the resentencing, the defendant was still serving a “single, combined sentence” ( People v. Brinson, 90 A.D.3d at 672, 933 N.Y.S.2d 728).