| People v Hoffman |
| 2011 NY Slip Op 04070 [84 AD3d 978] |
| May 10, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Cornel Hoffman, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and WilliamH. Branigan of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County (Kron, J.),imposed May 26, 2010, which, upon his conviction of robbery in the first degree (two counts),robbery in the second degree (three counts), and criminal possession of a weapon in the fourthdegree, upon a jury verdict, imposed a period of postrelease supervision in addition to thedeterminate term of imprisonment previously imposed on June 25, 2002.
Ordered that the resentence is affirmed.
Since the defendant had not yet completed his originally-imposed sentence of imprisonmentwhen he was resentenced, the resentencing to a term including the statutorily required period ofpostrelease supervision did not subject him to double jeopardy or violate his right to due processof law (see People v Lingle, 16 NY3d 621 [2011]).
A court to which a matter has been remitted for resentencing solely for the purpose ofimposing a required term of postrelease supervision does not have the authority to considerwhether to reduce the defendant's sentence as a whole (id.).
The defendant's remaining contention is without merit. Dillon, J.P., Balkin, Leventhal andHall, JJ., concur.