| People v Louis |
| 2011 NY Slip Op 09672 [90 AD3d 1075] |
| December 27, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Barnabas Louis, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubortof counsel; Joseph N. Schneiderman on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (D'Emic, J.),imposed March 11, 2010, which, upon his conviction of manslaughter in the first degree, upon ajury verdict, imposed a period of postrelease supervision in addition to the determinate sentenceof imprisonment previously imposed on January 8, 2001.
Ordered that the resentence is affirmed.
Contrary to the defendant's contention, his resentencing to a term including thestatutorily-required period of postrelease supervision did not subject him to double jeopardy orviolate his right to due process, since he had not yet completed his originally-imposed sentenceof imprisonment at the time he was resentenced (see People v Lingle, 16 NY3d 621, 630-632 [2011]; People v Dawkins, 87 AD3d 550[2011]; People v Harris, 86 AD3d543 [2011], lv denied 17 NY3d 859 [2011]; People v Guillen, 85 AD3d 1201 [2011], lv denied 17NY3d 859 [2011]).
The defendant's remaining contentions are without merit. Rivera, J.P., Florio, Eng, Hall andCohen, JJ., concur.