Opinion
2014-01-22
The PEOPLE, etc., respondent, v. Andre COLLIER, appellant.
Lynn W.L. Fahey, New York, N.Y. (Ellen Fried of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Anastasia Spanakos of counsel; James Rodriguez on the brief), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Ellen Fried of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Anastasia Spanakos of counsel; James Rodriguez on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County (Latella, J.), imposed March 23, 2012, upon his conviction of attempted murder in the second degree, robbery in the first degree (two counts), assault in the first degree, and assault in the second degree, upon a jury verdict, the resentence being periods of postrelease supervision in addition to the determinate terms of imprisonment previously imposed by the same court on May 31, 2001.
ORDERED that the resentence is affirmed.
Since the defendant had not yet completed the previously imposed terms of imprisonment when he was resentenced, the resentencing to include the mandatory periods 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. Rogers, 105 A.D.3d 776, 961 N.Y.S.2d 796; People v. Dawkins, 87 A.D.3d 550, 927 N.Y.S.2d 797). DILLON, J.P., LEVENTHAL, CHAMBERS and MILLER, JJ., concur.