People v Flowers

People v Flowers 2014 NY Slip Op 02307 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
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
2012-08121
(Ind. No. 3130/00)

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

v

Antoine Flowers, 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 (Buchter, J.), imposed August 16, 2012, upon his conviction of robbery in the first degree and robbery in the second degree, upon a jury verdict, the resentence being a period of postrelease supervision in addition to the determinate terms of imprisonment previously imposed by the same court on March 25, 2002.

ORDERED that the resentence is affirmed.

Since the defendant had not yet completed his originally imposed sentence of imprisonment when the resentence was imposed, the resentence to a term including the statutorily required period 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, 630-633; People v Thompson, 92 AD3d 812; People v Harris, 86 AD3d 543, 543-544).
RIVERA, J.P., DICKERSON, COHEN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court