Opinion
2012-07-5
The PEOPLE, etc., respondent, v. Jack HSU, appellant.
Del Atwell, East Hampton, N.Y., for appellant.
Appeal by the defendant from a resentence of the County Court, Dutchess County (Hayes, J.), imposed December 22, 2009, which, upon his conviction of criminal possession of a weapon in the second degree and stalking in the second degree, upon his plea of guilty, imposed a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on December 12, 2001.
ORDERED that the resentence is affirmed.
Since the defendant had not yet completed serving his originally imposed determinate sentence of imprisonment when he was resentenced, his resentencing to a *334term including the statutorily required period of postrelease supervision in addition to the determinate term of imprisonment previously imposed did not subject him to double jeopardy ( see People v. Lingle, 16 N.Y.3d 621, 630–632, 926 N.Y.S.2d 4, 949 N.E.2d 952;People v. Jones, 94 A.D.3d 1146, 942 N.Y.S.2d 797;People v. Battle, 94 A.D.3d 1014, 942 N.Y.S.2d 362).
The defendant's remaining contention is without merit.