People v Sealy

People v Sealy 2014 NY Slip Op 02806 Decided on April 23, 2014 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 23, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
2012-02358
2012-02359

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

v

Arturo Sealy, appellant. (Ind. Nos. 6837/99, 3519/00)




Lynn W. L. Fahey, New York, N.Y. (David G. Lowry of counsel),
for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y.
(Leonard Joblove and Jodi L. Mandel of
counsel), for respondent.


DECISION & ORDER

Appeals by the defendant from two resentences of the Supreme Court, Kings County (Marrus, J.), both imposed February 23, 2012, upon his convictions of manslaughter in the first degree under Indictment No. 6837/99 and robbery in the first degree under Superior Court Information No. 3519/00, the resentences being periods of postrelease supervision in addition to the determinate terms of imprisonment previously imposed on April 18, 2000.

ORDERED that the resentences are affirmed.

Inasmuch as the defendant had not yet completed his originally imposed sentences of imprisonment when he was resentenced, his resentencing to terms including the statutorily required periods 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, 630-632; People v Harrison, 112 AD3d 967; People v Hernandez, 110 AD3d 918, 919, lv denied 22 NY3d 1139; People v Rogers, 105 AD3d 776, 777).
RIVERA, J.P., DICKERSON, COHEN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino [*2]

Clerk of the Court