| People v Myrick |
| 2011 NY Slip Op 04497 [84 AD3d 1272] |
| May 24, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Markell Myrick, 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 (Parker, J.),imposed May 27, 2010, 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 determinateterm of imprisonment previously imposed on April 26, 2004.
Ordered that the resentence is affirmed.
The defendant was convicted of robbery in the first degree and sentenced to a determinateterm of 17 years of imprisonment on April 26, 2004. The sentencing court did not pronounce thestatutorily required period of postrelease supervision at that time. On May 27, 2010, the SupremeCourt resentenced the defendant to a period of five years of postrelease supervision in addition tothe 17-year term of imprisonment previously imposed on April 26, 2004. The defendant had notyet completed his originally-imposed sentence of 17 years of imprisonment when he wasresentenced.
Contrary to the defendant's contention, his resentencing to a term including the statutorilyrequired period of postrelease supervision did not subject him to double jeopardy or violate hisright to due process of law (see People v Lingle, 16 NY3d 621 [2011]). Moreover, theSupreme Court could not reconsider the originally-imposed sentence of 17 years of imprisonmentwhen it resentenced the defendant, and we are without authority to reduce that sentence ofimprisonment in the interest of justice on this appeal (id.). Angiolillo, J.P., Florio, Belenand Roman, JJ., concur.