| People v Burgos |
| 2011 NY Slip Op 04065 [84 AD3d 975] |
| May 10, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Nicole Burgos, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J.Dennehy of counsel; Gamaliel Marrero on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Brennan,J.), imposed May 1, 2009, which, upon her conviction of assault in the first degree, upon her pleaof guilty, imposed a period of postrelease supervision in addition to the determinate sentence ofimprisonment previously imposed on October 5, 1999.
Ordered that the resentence is affirmed.
In 1999, upon the defendant's conviction of assault in the first degree, the Supreme Courtsentenced the defendant to a determinate prison term of 12 years. At that time, however, theSupreme Court failed to impose the statutorily required period of postrelease supervision(hereinafter PRS). On May 1, 2009, while the defendant was still incarcerated in connection withthat conviction, she was brought before the Supreme Court for resentencing so that themandatory period of PRS could be imposed (see Penal Law § 70.45; CorrectionLaw § 601-d).
Contrary to the defendant's contention, her constitutional right to due process was notviolated by the resentencing because she had not yet completed her originally-imposed sentenceof imprisonment when she was resentenced (see People v Lingle, 16 NY3d621 [2011]).
The defendant's remaining contention is unpreserved for appellate review and, in any event,without merit (see People vJohnson, 78 AD3d 965, 966 [2010], lv denied 16 NY3d 798 [2011]). Rivera,J.P., Skelos, Sgroi and Miller, JJ., concur.