People v Mills
2011 NY Slip Op 09674 [90 AD3d 1076]
December 27, 2011
Appellate Division, Second Department
As corrected through Wednesday, February 1, 2012


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

[*1]

Lynn W. L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J.Dennehy of counsel; Joseph N. Schneiderman on the brief), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Brennan,J.), imposed March 16, 2011, which, upon his convictions of manslaughter in the first degree andassault in the first degree, upon his plea of guilty, imposed periods of postrelease supervision inaddition to the determinate terms of imprisonment previously imposed on January 14, 2000.

Ordered that the resentence is affirmed.

Inasmuch as the defendant had not yet completed serving his originally imposed sentences ofimprisonment when he was resentenced, his resentencing to a term including the statutorilyrequired periods of postrelease supervision did not subject him to double jeopardy or violate hisright to due process of law (see People vLingle, 16 NY3d 621, 630-632 [2011]; People v Algarin, 89 AD3d 859 [2011]).

The defendant's remaining contention is without merit. Skelos, J.P., Angiolillo, Belen, Lottand Roman, JJ., concur.


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