| People v Hernandez |
| 2013 NY Slip Op 06707 [110 AD3d 918] |
| October 16, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Jose Hernandez, 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 February 1, 2012, upon his conviction of assault in the first degree(two counts), the resentence being a period of postrelease supervision in addition to thedeterminate term of imprisonment previously imposed on August 25, 2000.
Ordered that the resentence is affirmed.
Inasmuch as the defendant had not yet completed serving his originally imposedsentence of imprisonment when he was resentenced, his resentencing to a term includingthe statutorily required period of postrelease supervision did not violate the doublejeopardy and due process clauses of the United States Constitution (see People v Lingle, 16 NY3d621, 630-632 [2011]; People v Jiggetts, 108 AD3d 641 [2013]; People v Wheeler, 108 AD3d646 [2013]; People vDawkins, 87 AD3d 550 [2011]; People v Harris, 86 AD3d 543 [2011]).
Further, the resentence imposed was not excessive (see People v Suitte, 90AD2d 80 [1982]). Skelos, J.P., Hall, Cohen and Hinds-Radix, JJ., concur.