| People v Mendez |
| 2010 NY Slip Op 04220 [73 AD3d 951] |
| May 11, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JuanMendez, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JeannetteLifschitz, and Suzanne D. O'Hare of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County (Roman,J.), imposed September 25, 2008, which, upon his conviction of robbery in the second degree(four counts) and assault in the second degree (two counts), upon a jury verdict, imposed a termof postrelease supervision of three years on each count of robbery in the first degree and a termof postrelease supervision of two years on each count of assault in the second degree, to runconcurrently with each other, in addition to the determinate sentence of imprisonment originallyimposed on August 21, 2003.
Ordered that the resentence is affirmed.
The defendant was convicted, after a jury trial, of robbery in the second degree (four counts)and assault in the second degree (two counts). On August 21, 2003, he was sentenced toconcurrent determinate terms of imprisonment consisting of 10 years, 8 years, 7 years, and 5years, respectively, on the convictions of robbery in the second degree, and 5 years and 3 years,respectively, on the convictions of assault in the second degree. In 2008, while the defendant wasstill incarcerated and serving the original sentence, the defendant was brought before theSupreme Court for resentencing, so that the mandatory period of postrelease supervision couldbe imposed (see Penal Law § 70.45; Correction Law § 601-d).
Contrary to the defendant's contention, the resentencing did not subject him to doublejeopardy (see People v Prendergast,71 AD3d 1055 [2010]; cf. People vWilliams, 14 NY3d 198 [2010]). Further, his constitutional right to due process was notviolated by the resentencing (see Peoplev Scalercio, 71 AD3d 1060 [2010]).
The defendant's remaining contentions are without merit. Rivera, J.P., Fisher, Florio andAustin, JJ., concur.