People v Perkins

People v Perkins 2014 NY Slip Op 02317 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
RUTH C. BALKIN, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
2012-06576
(Ind. No. 1082/03)

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

v

Nayshawn Perkins, appellant.




Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel),
for appellant.
Kenneth P. Thompson, 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 (Marrus, J.), imposed June 8, 2012, upon his conviction of attempted murder in the second degree and robbery in the first degree, the resentence being periods of postrelease supervision in addition to the determinate terms of imprisonment previously imposed on June 14, 2005.

ORDERED that the resentence is affirmed.

The Supreme Court properly granted the defendant's motion pursuant to CPL 440.20 to vacate his sentence only to the extent of directing the defendant to appear for a resentencing hearing so that it could pronounce the postrelease supervision periods in the defendant's presence (see People v Boyer, 22 NY3d 15, 25; People v Sparber, 10 NY3d 457, 471).

Furthermore, since the defendant had not yet completed his originally imposed sentences of imprisonment when he was resentenced, his resentencing to a term 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 2014 NY Slip Op 97193[U] [2014]; People v Rogers, 105 AD3d 776, 777).
BALKIN, J.P., LOTT, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court