People v Nunez

People v Nunez 2013 NY Slip Op 05331 Decided on July 17, 2013 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 17, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
JEFFREY A. COHEN, JJ.
2011-06489
(Ind. No. 99-00361)

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

v

Luis Nunez, appellant.




Luis Nunez, Napanoch, N.Y., appellant pro se.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Carrie
A. Ciganek of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from a resentence of the County Court, Rockland County (Apotheker, J.), imposed June 13, 2011, upon his conviction of assault in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, the resentence being a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on May 11, 2000, upon the conviction of assault in the first degree.

ORDERED that the resentence is affirmed.

The defendant's contention that the County Court improperly resentenced him after the expiration of the time limit set forth in Correction Law § 601-d(4)(d) is without merit (see People v Velez, 19 NY3d 642, 649; People v McDaniel, 99 AD3d 814, 814).

The defendant's contention, in effect, that his resentencing to a term including the statutorily required period of postrelease supervision violated his right to due process also is without merit, 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 Louis, 90 AD3d 1075, 1075).

The defendant's remaining contentions are without merit.
DILLON, J.P., ANGIOLILLO, DICKERSON and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court