Opinion
2012–02620 Ind. No. 3889/02
02-20-2019
The PEOPLE, etc., Respondent, v. Calvin MOORE, Appellant.
Janet E. Sabel, New York, N.Y. (Elon Harpaz of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
Janet E. Sabel, New York, N.Y. (Elon Harpaz of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
MARK C. DILLON, J.P., RUTH C. BALKIN, ROBERT J. MILLER, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Michael Brennan, J.), imposed February 7, 2012, upon his convictions of robbery in the first degree, assault in the first degree, and burglary in the first degree, upon a jury verdict, the resentence being periods of postrelease supervision in addition to the determinate terms of imprisonment previously imposed on March 15, 2004.
ORDERED that the resentence is affirmed.
Contrary to the defendant's contention, 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 because he had not yet completed his originally imposed sentence of imprisonment when he was resentenced (see People v. Lingle, 16 N.Y.3d 621, 926 N.Y.S.2d 4, 949 N.E.2d 952 ; People v. Brown, 158 A.D.3d 816, 817, 68 N.Y.S.3d 902 ; People v. Dozier, 134 A.D.3d 951, 20 N.Y.S.3d 900 ).
DILLON, J.P., BALKIN, MILLER and IANNACCI, JJ., concur.