People v Velilla

People v Velilla 2013 NY Slip Op 01863 Decided on March 20, 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 March 20, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
SHERI S. ROMAN, JJ.
2011-06529
(Ind. No. 6647/99)

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

v

William Velilla, appellant.




Lynn W. L. Fahey, New York, N.Y. (Ellen Fried of counsel), for
appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Jodi L. Mandel of
counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Brennan, J.), imposed June 7, 2011, which, upon his conviction of robbery in the first degree (two counts), upon a jury verdict, imposed a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on March 1, 2000.

ORDERED that the resentence is affirmed.

Contrary to the defendant's contention, his resentencing to a term which included the statutorily required period of postrelease supervision did not subject him to double jeopardy or violate his right to due process of law, since, at the time he was resentenced, he had not yet completed the sentence of imprisonment originally imposed upon him (see People v Lingle, 16 NY3d 621, 630; People v Dolberry, 95 AD3d 1357; People v Dawkins, 87 AD3d 550).
RIVERA, J.P., ANGIOLILLO, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court