| People v Pemberton |
| 2012 NY Slip Op 01689 [93 AD3d 681] |
| March 6, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v TerrieD. Pemberton, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel ofcounsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Tomei, J.),imposed March 21, 2011, which, upon his conviction of sodomy in the first degree, imposed aperiod of postrelease supervision in addition to the determinate term of imprisonment previouslyimposed on August 21, 2001.
Ordered that the resentence is affirmed.
Inasmuch as the defendant had not yet completed serving his originally imposed sentence ofimprisonment when he was resentenced, his resentencing to a term including the statutorilyrequired period of postrelease supervision did not violate the double jeopardy and due processclauses of the United States Constitution (see People v Lingle, 16 NY3d 621, 630-632 [2011]; People v Ralph, 91 AD3d 796[2012]; People v Algarin, 89 AD3d859 [2011]).
The defendant's remaining contentions are without merit. Rivera, J.P., Eng, Chambers, Sgroiand Miller, JJ., concur.