People v Jones

People v Jones 2012 NY Slip Op 03220 Decided on April 24, 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 April 24, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SHERI S. ROMAN, JJ.
2010-11088
(Ind. No. 416/99)

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

v

Robert Jones, appellant.




Lynn W. L. Fahey, New York, N.Y. (Melissa S. Horlick of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Jodi L. Mandel of counsel;
Jaclyn Goodman on the brief), for
respondent.


DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Brennan, J.), imposed November 4, 2010, which, upon his conviction of burglary in the second degree, upon a jury verdict, imposed a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on January 10, 2000.

ORDERED that the resentence is affirmed.

Since 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 subject him to double jeopardy or violate his right to due process of law (see People v Lingle, 16 NY3d 621; People v Pemberton, 93 AD3d 681; People v John, 92 AD3d 896; People v Mills, 90 AD3d 1076; People v Douglas, 89 AD3d 959; People v Harris, 86 AD3d 543, 543-544).

The defendant's remaining contention is without merit.
SKELOS, J.P., FLORIO, ENG and ROMAN, JJ., concur.

ENTER: [*2]

Aprilanne Agostino

Clerk of the Court