| People v Woods |
| 2010 NY Slip Op 07207 [77 AD3d 690] |
| October 5, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v MichaelWoods, Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and AnneGrady of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Richmond County (Rooney, J.),imposed February 3, 2009, which, upon his conviction of robbery in the first degree, upon a juryverdict, imposed a period of postrelease supervision of five years in addition to the determinate term ofimprisonment previously imposed on September 28, 2000.
Ordered that the resentence is affirmed.
After a defendant is released from prison, a legitimate expectation in the finality of the sentencearises (see People v Williams, 14 NY3d198, 217 [2010]), and the Double Jeopardy Clause of the United States Constitution (seeUS Const 5th Amend) precludes a court from adding a period of postrelease supervision to thesentence (see People v Jordan, 15NY3d 727 [2010]; People v Grant,75 AD3d 558 [2010]). Here, since the defendant had not yet completed serving the 18-yearprison term to which he was sentenced in 2000, the 2009 resentencing did not violate the defendant'sdouble jeopardy or due process rights (seePeople v Jordan, 15 NY3d 727 [2010]; People v Hassell, 14 NY3d 925 [2010]; People v Williams, 14 NY3d 198[2010]; People v Sparber, 10 NY3d457 [2008]; People v Pruitt, 74AD3d 1366 [2010]; People vMendez, 73 AD3d 951 [2010]; People v Parisi, 72 AD3d 989 [2010]; People v Scalercio, 71 AD3d 1060[2010]; People v Prendergast, 71 AD3d1055 [2010]; People v Bowman,65 AD3d 636 [2009]; People vStewartson, 63 AD3d 966 [2009]).
The defendant's remaining contention is without merit. Dillon, J.P., Florio, Roman and Sgroi, JJ.,concur.