| People v Lovett |
| 2013 NY Slip Op 00230 [102 AD3d 812] |
| January 16, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Jason Lovett, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and SolomonNeubort of counsel; David Xu on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County(Brennan, J.), imposed on June 18, 2009, upon his conviction of criminal possession of aweapon in the second degree and assault in the second degree, the resentence beingperiods of postrelease supervision in addition to the determinate terms of imprisonmentpreviously imposed on January 14, 2002.
Ordered that the resentence is affirmed.
Since the defendant had not yet completed his originally imposed sentence ofimprisonment when he was resentenced, the resentencing to a term including thestatutorily required period of postrelease supervision did not subject him to doublejeopardy or violate his right to due process of law (see People v Lingle, 16 NY3d 621 [2011]; People v Dawkins, 87 AD3d550 [2011]; People vHarris, 86 AD3d 543 [2011]; People v Adams, 85 AD3d 1192 [2011]; People v Guillen, 85 AD3d1201 [2011]; People vLopez, 85 AD3d 1059 [2011]).
The periods of postrelease supervision imposed at resentencing were not excessive(see People v Suitte, 90 AD2d 80 [1982]). Skelos, J.P., Balkin, Chambers andMiller, JJ., concur.