From Casetext: Smarter Legal Research

People v. Czarnecki

Supreme Court, Appellate Division, Second Department, New York.
Mar 27, 2012
93 A.D.3d 856 (N.Y. App. Div. 2012)

Opinion

2012-03-27

The PEOPLE, etc., appellant, v. Joseph CZARNECKI, respondent.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for appellant. Steven Banks, New York, N.Y. (Steven J. Miraglia of counsel), for respondent.


Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for appellant. Steven Banks, New York, N.Y. (Steven J. Miraglia of counsel), for respondent.

Appeal by the People from an order of the Supreme Court, Kings County (Brennan, J.), dated April 21, 2010, which, upon the defendant's conviction of manslaughter in the first degree, upon his plea of guilty, granted the defendant's motion pursuant to CPL 440.20 and Penal Law § 70.85 to vacate a resentence of the same court imposed March 27, 2009, which imposed a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on June 13, 2001.

ORDERED that the order is reversed, on the law, and the motion is denied.

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. Edwards, 89 A.D.3d 1034, 933 N.Y.S.2d 564; People v. Douglas, 89 A.D.3d 959, 932 N.Y.S.2d 722; People v. Harris, 89 A.D.3d 863, 932 N.Y.S.2d 357; People v. Algarin, 89 A.D.3d 859, 932 N.Y.S.2d 358, lv. denied 18 N.Y.3d 881, 939 N.Y.S.2d 751, 963 N.E.2d 128; People v. Dawkins, 87 A.D.3d 550, 927 N.Y.S.2d 797). Accordingly, the Supreme Court erred in granting the defendant's motion to vacate the resentence.

RIVERA, J.P., SKELOS, DILLON and ANGIOLILLO, JJ., concur.


Summaries of

People v. Czarnecki

Supreme Court, Appellate Division, Second Department, New York.
Mar 27, 2012
93 A.D.3d 856 (N.Y. App. Div. 2012)
Case details for

People v. Czarnecki

Case Details

Full title:The PEOPLE, etc., appellant, v. Joseph CZARNECKI, respondent.

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

Date published: Mar 27, 2012

Citations

93 A.D.3d 856 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 2316
940 N.Y.S.2d 882