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People v. Gordon

Supreme Court, Appellate Division, Second Department, New York.
Mar 27, 2012
93 A.D.3d 859 (N.Y. App. Div. 2012)

Opinion

2012-03-27

The PEOPLE, etc., appellant, v. Michael GORDON, 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 March 30, 2010, which, upon the defendant's conviction of robbery in the first degree (two counts) and criminal possession of a weapon in the second degree, upon a jury verdict, granted the defendant's motion pursuant to CPL 440.20 and Penal Law § 70.85 to vacate a resentence of the same court imposed December 5, 2008, which imposed a period of postrelease supervision in addition to the determinate terms of imprisonment previously imposed on May 8, 2000.

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 *871 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. Gordon

Supreme Court, Appellate Division, Second Department, New York.
Mar 27, 2012
93 A.D.3d 859 (N.Y. App. Div. 2012)
Case details for

People v. Gordon

Case Details

Full title:The PEOPLE, etc., appellant, v. Michael GORDON, respondent.

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

Date published: Mar 27, 2012

Citations

93 A.D.3d 859 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 2319
940 N.Y.S.2d 870