| People v Quinones |
| 2013 NY Slip Op 00943 [103 AD3d 756] |
| February 13, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Joselito Quinones, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and SolomonNeubort of counsel; David Schiavone on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County(Tomei, J.), imposed August 15, 2011, which, upon his conviction of attempted murderin the second degree, criminal possession of a weapon in the second degree, and criminalpossession of a weapon in the third degree, upon a jury verdict, imposed periods ofpostrelease supervision in addition to the determinate terms of imprisonment previouslyimposed on July 19, 2004.
Ordered that the resentence is affirmed.
Contrary to the defendant's contention, his resentencing to terms which included thestatutorily required periods of postrelease supervision did not subject him to doublejeopardy or violate his right to due process of law, since he had not yet completed hisoriginally imposed sentence of imprisonment at the time he was resentenced (see People v Lingle, 16 NY3d621, 630, 632 [2011]; People v Mills, 90 AD3d 1076 [2011]; People v Louis, 90 AD3d1075 [2011]; People vDawkins, 87 AD3d 550 [2011]; People v Harris, 86 AD3d 543, 543-544 [2011]).
The periods of postrelease supervision imposed at resentencing were not excessive(see People v Guillen, 85AD3d 1201, 1202 [2011]; People v Suitte, 90 AD2d 80 [1982]).
The defendant's remaining contention is without merit (see Penal Law§ 70.30; People vBuss, 11 NY3d 553, 557 [2008]; People v Brinson, 90 AD3d 670, 671-672 [2011], lvgranted 18 NY3d 992 [2012]). Rivera, J.P., Lott, Roman and Sgroi, JJ., concur.