Opinion
2015-06-24
The PEOPLE, etc., respondent, v. Darryl GRAY, 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, Johnnette Traill, and Anastasia Spanakos of counsel; Lorrie A. Zinno 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, Johnnette Traill, and Anastasia Spanakos of counsel; Lorrie A. Zinno on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County (Lewis, J.), imposed August 21, 2012, upon his conviction of robbery in the first degree (nine counts), and criminal possession of stolen property in the fifth degree, upon a jury verdict, the resentence being periods of postrelease supervision in addition to the determinate terms of imprisonment previously imposed on March 29, 2004.
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, 630–633, 926 N.Y.S.2d 4, 949 N.E.2d 952; People v. Harrison, 112 A.D.3d 967, 968, 977 N.Y.S.2d 374; People v. Hernandez, 110 A.D.3d 918, 919, 972 N.Y.S.2d 913; People v. Rogers, 105 A.D.3d 776, 777, 961 N.Y.S.2d 796).