Opinion
2015-04-15
The PEOPLE, etc., respondent, v. Carlos EVANS, appellant.
Lynn W.L. Fahey, New York, N.Y. (Melissa S. Horlick of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Melissa S. Horlick of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Brennan, J.), imposed February 14, 2012, upon his conviction of burglary in the first degree, criminal possession of a weapon in the second degree (two counts), 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 previouslyimposed by the same court (Knipel, J.) on October 22, 2002.
ORDERED that the resentence is affirmed.
Since the defendant had not yet completed his originally imposed sentence of imprisonment when he was resentenced, his resentencing to include the statutorily required 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. York, 118 A.D.3d 926, 927, 987 N.Y.S.2d 242; People v. Louis, 90 A.D.3d 1075, 935 N.Y.S.2d 516; People v. Dawkins, 87 A.D.3d 550, 927 N.Y.S.2d 797).
The periods of postrelease supervision imposed upon the defendant's resentence were not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).