People v. Rogers

Lynn W.L. Fahey, New York, N.Y. (Ellen Fried of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (J. Goldberg, J.), imposed October 28, 2008, upon his conviction of robbery in the second degree and unlawful imprisonment 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 on March 22, 2000.

ORDERED that the resentence is affirmed.

Since the defendant had not yet completed his originally imposed sentence of imprisonment when he was resentenced, his resentencing to include 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 N.Y.3d 621, 926 N.Y.S.2d 4, 949 N.E.2d 952;People v. Louis, 90 A.D.3d 1075, 935 N.Y.S.2d 516;People v. Dawkins, 87 A.D.3d 550, 927 N.Y.S.2d 797).

The defendant's remaining contentions are without merit. SKELOS, J.P., CHAMBERS, SGROI and HINDS–RADIX, JJ., concur.