People v Hsu

People v Hsu 2012 NY Slip Op 05437 Decided on July 5, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 5, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ANITA R. FLORIO, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
2010-00916
(Ind. No. 57/01)

[*1]The People of the State of New York, respondent,

v

Jack Hsu, appellant.




Del Atwell, East Hampton, N.Y., for appellant.


DECISION & ORDER

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 term 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 NY3d 621, 630-632; People v Jones, 94 AD3d 1146; People v Battle, 94 AD3d 1014).

The defendant's remaining contention is without merit.
FLORIO, J.P., BALKIN, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court