People v Ralph

People v Ralph 2012 NY Slip Op 00391 Decided on January 17, 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 January 17, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
2010-06140
(Ind. No. 1365/00)

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

v

Anthony Ralph, appellant.




Lynn W. L. Fahey, New York, N.Y. (Bonnie H. Stein of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Jodi L. Mandel of
counsel; Gamaliel Marrero on the brief),
for respondent.


DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Gerges, J.), imposed June 3, 2010, which, upon his conviction of manslaughter in the first degree, imposed a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on March 19, 2001.

ORDERED that the resentence is affirmed.

Inasmuch as the defendant had not yet completed serving his originally imposed sentence of imprisonment when he was resentenced, his resentencing to a term including the statutorily required period of postrelease supervision did not violate the double jeopardy and due process clauses of the United States Constitution (see People v Lingle, 16 NY3d 621, 630-632; People v Algarin, 89 AD3d 859).

The defendant's remaining contention is without merit.
ANGIOLILLO, J.P., FLORIO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court