People v Harris
2011 NY Slip Op 05816 [86 AD3d 543]
July 5, 2011
Appellate Division, Second Department
As corrected through Wednesday, August 31, 2011


The People of the State of New York,Respondent,
v
Kenneth Harris, Appellant.

[*1]Lynn W.L. Fahey, New York, N.Y. (Michelle Vallone of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel ofcounsel; Robert Ho and Gamaliel Marrero on the brief), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Gary, J.),imposed March 5, 2009, which, upon his convictions of robbery in the first degree (two counts),upon his plea of guilty, imposed periods of postrelease supervision in addition to the determinatesentences of imprisonment previously imposed on October 22, 2001.

Ordered that the resentence is affirmed.

Contrary to the contentions of the defendant, who had not yet completed his originallyimposed sentences of imprisonment when he was resentenced, his resentencing to a termincluding the statutorily required periods of postrelease supervision did not subject him to doublejeopardy or violate his right to due process of law (see People v Lingle, 16 NY3d 621, 630-632 [2011]; People v Burgos, 84 AD3d 975[2011]). Skelos, J.P., Dickerson, Hall, Austin and Miller, JJ., concur.


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