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PEOPLE v. WOODS

Appellate Division of the Supreme Court of New York, Second Department.
Oct 5, 2010
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Ordered that the resentence is affirmed.

After a defendant is released from prison, a legitimate expectation in the finality of the sentence arises ( see People v Williams, 14 NY3d 198, 217), and the Double Jeopardy Clause of the United States Constitution ( see US Const 5th Amend) precludes a court from adding a period of postrelease supervision to the sentence ( see People v Jordan, 15 NY3d 727; People v Grant, 75 AD3d 558). Here, since the defendant had not yet completed serving the 18-year prison term to which he was sentenced in 2000, the 2009 resentencing did not violate the defendant's double jeopardy or due process rights ( see People v Jordan, 15 NY3d 727; People v Hassell, 14 NY3d 925; People v Williams, 14 NY3d 198; People v Sparber, 10 NY3d 457; People v Pruitt, 74 AD3d 1366; People v Mandez, 73 AD3d 951; People v Parisi, 72 AD3d 989; People v Scalercio, 71 AD3d 1060; People v Prendergast, 71 AD3d 1055; People v Bowman, 65 AD3d 636; People v Stewartson, 63 AD3d 966).

The defendant's remaining contention is without merit.