People v Nanton

People v Nanton 2014 NY Slip Op 02315 Decided on April 2, 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 2, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
L. PRISCILLA HALL, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
COLLEEN D. DUFFY, JJ.
2012-02627
(Ind. No. 427/01)

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

v

Lamont E. Nanton, appellant.




Lynn W. L. Fahey, New York, N.Y. (Ellen Fried of counsel), for
appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y.
(John M. Castellano and Anastasia
Spanakos of counsel; Lorrie A.
Zinno on the brief), for respondent.


DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Queens County (Knopf, J.), imposed March 7, 2012, upon his convictions of robbery in the first degree (two counts), robbery in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts), criminal possession of stolen property in the fourth degree, unlawful imprisonment in the first degree (two counts), and possession of burglar's tools, upon a jury verdict, the resentence being a period of five years of postrelease supervision in addition to each of the determinate terms of imprisonment previously imposed by the same court (Katz, J.) on January 2, 2003.

ORDERED that the resentence is affirmed.

Since the defendant was still serving his first sentence when the resentence was imposed, the resentence to include the statutorily required periods of postrelease supervision for each determinate term did not subject him to double jeopardy or violate his right to due process of law (see People v Lingle, 16 NY3d 621, 630-633; People v Thompson, 92 AD3d 812; People v Harris, 86 AD3d 543, 543-544).
HALL, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino [*2]

Clerk of the Court