| People v Rogers |
| 2013 NY Slip Op 02273 [105 AD3d 776] |
| April 3, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Anthony Rogers, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L.Mandel of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (J.Goldberg, J.), imposed October 28, 2008, upon his conviction of robbery in the seconddegree and unlawful imprisonment in the second degree, upon a jury verdict, theresentence being a period of postrelease supervision in addition to the determinate termsof imprisonment previously imposed on March 22, 2000.
Ordered that the resentence is affirmed.
Since the defendant had not yet completed his originally imposed sentence ofimprisonment when he was resentenced, his resentencing to include the statutorilyrequired period of postrelease supervision did not subject him to double jeopardy orviolate his right to due process of law (see People v Lingle, 16 NY3d 621 [2011]; People v Louis, 90 AD3d1075 [2011]; People vDawkins, 87 AD3d 550 [2011]).
The defendant's remaining contentions are without merit. Skelos, J.P., Chambers,Sgroi and Hinds-Radix, JJ., concur. [Prior Case History: 21 Misc 3d 1131(A), 2008NY Slip Op 52313(U).]