People v Dawkins
2011 NY Slip Op 06137 [87 AD3d 550]
August 2, 2011
Appellate Division, Second Department
As corrected through Wednesday, September 28, 2011


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

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

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J.Dennehy of counsel), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Brennan,J.), imposed June 11, 2010, which, upon his convictions of robbery in the first degree (threecounts), burglary in the first degree, unlawful imprisonment in the second degree (three counts),and endangering the welfare of a child (three counts), imposed a period of postreleasesupervision in addition to the determinate term of imprisonment previously imposed onDecember 9, 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, 16NY3d 621 [2011]). Angiolillo, J.P., Florio, Leventhal and Miller, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.