People v Williams

People v Williams 2014 NY Slip Op 02321 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
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
HECTOR D. LASALLE, JJ.
2013-00219
(Ind. No. 7720/01)

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

v

Daniel Williams, appellant.




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

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Carroll, J.), imposed December 18, 2012, upon his conviction of attempted murder in the second degree and criminal possession of a weapon in the second degree, the resentence being periods of postrelease supervision in addition to the determinate terms of imprisonment previously imposed on October 7, 2003.

ORDERED that the resentence is affirmed.

Inasmuch as the defendant had not yet completed the 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 2014 NY Slip Op 97193 [U][2014]; People v Rogers, 105 AD3d 776, 777).
DILLON, J.P., LEVENTHAL, CHAMBERS and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court