| People v Wheeler |
| 2013 NY Slip Op 05235 [108 AD3d 646] |
| July 10, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Gabriel Wheeler, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano andAnastasia Spanakos of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County(Aloise, J.), imposed September 21, 2011, upon his convictions of robbery in the firstdegree (two counts), robbery in the second degree, criminal possession of a weapon inthe second degree, criminal possession of a weapon in the third degree (two counts), andcriminal possession of stolen property in the fifth degree, upon a jury verdict, theresentence being periods of postrelease supervision in addition to the determinate termsof imprisonment previously imposed on February 27, 2001.
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 periods 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 Rogers, 105 AD3d776 [2013]; People vDawkins, 87 AD3d 550 [2011]). Skelos, J.P., Chambers, Sgroi andHinds-Radix, JJ., concur.