People v. Leach

Full title: The People of the State of New York, respondent, v. Tommy Leach, appellant.

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Nov 12, 2014

2014 N.Y. Slip Op. 7686 (N.Y. App. Div. 2014)

Opinion

2012-09143

11-12-2014

The People of the State of New York, respondent, v. Tommy Leach, appellant.

Lynn W. L. Fahey, New York, N.Y. (Ellen Fried of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Madel of counsel), for respondent.

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

SANDRA L. SGROI, JJ. (Ind. No. 1308/99)

Lynn W. L. Fahey, New York, N.Y. (Ellen Fried of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Madel of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Brennan, J.), imposed September 27, 2012, upon his conviction of manslaughter in the first degree, upon a jury verdict, the resentence being five years of postrelease supervision in addition to a determinate term of imprisonment previously imposed by the same court (Kreindler, J.) on November 8, 1999.

ORDERED that the resentence is affirmed.

Since the defendant was still serving his original sentence when the resentence was imposed, the resentence 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 NY3d 621, 630-633; People v Kearney, 116 AD3d 1064; People v Flowers, 116 AD3d 710).

DILLON, J.P., DICKERSON, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court