| People v Blankymsee |
| 2012 NY Slip Op 01473 [92 AD3d 890] |
| February 21, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Lawrence Blankymsee, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JeannetteLifschitz, and Tina Grillo of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County (Knopf,J.), imposed October 20, 2010, which, upon his conviction of criminal possession of a weapon inthe third degree (two counts), upon a jury verdict, imposed periods of postrelease supervision inaddition to the determinate terms of imprisonment previously imposed on May 20, 2004.
Ordered that the resentence is affirmed.
Contrary to the defendant's contention, his resentencing to a term which included thestatutorily-required periods of postrelease supervision did not subject him to double jeopardy orviolate his right to due process, since he had not yet completed serving his originally imposedsentence of imprisonment at the time he was resentenced (see People v Lingle, 16 NY3d 621, 630, 632 [2011]; People v Louis, 90 AD3d 1075[2011]; People v Brinson, 90 AD3d670 [2011]; People v Dawkins,87 AD3d 550 [2011]; People vHarris, 86 AD3d 543, 543-544 [2011]). At the time of the resentencing, the defendantwas still serving a "single, combined sentence" (People v Brinson, 90 AD3d at 672).Rivera, J.P., Eng, Hall and Sgroi, JJ., concur.