| People v Brown |
| 2013 NY Slip Op 06375 [110 AD3d 730] |
| October 2, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Alonzo L. Brown, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano andNancy Fitzpatrick Talcott of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County(Modica, J.), imposed May 11, 2012, upon his conviction of rape in the first degree,sodomy in the first degree, sexual abuse in the first degree (three counts), and burglary inthe second degree, upon a jury verdict, the resentence being periods of postreleasesupervision in addition to the determinate terms of imprisonment previously imposed bythe same court (Katz, J.) on June 17, 2002.
Ordered that the resentence is affirmed.
Contrary to the defendant's contention, his resentencing to a term that included thestatutorily required period of postrelease supervision did not subject him to doublejeopardy or violate his right to due process of law, since, at the time he was resentenced,he had not yet completed the sentence of imprisonment originally imposed upon him (see People v Lingle, 16 NY3d621, 630 [2011]; People vQuinones, 103 AD3d 756 [2013]; People v Lovett, 102 AD3d 812 [2013]; People v Harris, 86 AD3d543 [2011]). Mastro, J.P., Balkin, Sgroi and Hinds-Radix, JJ., concur.