People v Louis

People v Louis 2011 NY Slip Op 09672 Decided on December 27, 2011 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 December 27, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
RANDALL T. ENG
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
2010-02919
(Ind. No. 5864/99)

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

v

Barnabas Louis, appellant.




Lynn W. L. Fahey, New York, N.Y. (Kathleen Whooley of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Solomon Neubort of
counsel; Joseph N. Schneiderman on
the brief), for respondent.


DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (D'Emic, J.), imposed March 11, 2010, which, upon his conviction of manslaughter in the first degree, upon a jury verdict, imposed a period of postrelease supervision in addition to the determinate sentence of imprisonment previously imposed on January 8, 2001.

ORDERED that the resentence is affirmed.

Contrary to the defendant's contention, 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, since he had not yet completed his originally-imposed sentence of imprisonment at the time he was resentenced (see People v Lingle, 16 NY3d 621, 630-632; People v Dawkins, 87 AD3d 550; People v Harris, 86 AD3d 543, lv denied 17 NY3d 859; People v Guillen, 85 AD3d 1201, lv denied 17 NY3d 859).

The defendant's remaining contentions are without merit.
RIVERA, J.P., FLORIO, ENG, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court