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People v. Mannino

Supreme Court of New York, Second Department

June 26, 2013

The People of the State of New York, respondent,
v.
Mario Mannino, appellant. (Ind. No. 329/98)

Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Anne Grady of counsel), for respondent.

REINALDO E. RIVERA, J.P., THOMAS A. DICKERSON, JOHN M. LEVENTHAL, PLUMMER E. LOTT, JJ.

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Richmond County (Rooney, J.), imposed June 21, 2011, upon his conviction of murder in the second degree (three counts), burglary in the first degree, robbery in the first degree, arson in the third degree, and conspiracy in the fourth degree, upon a jury verdict, the resentence being a period of postrelease supervision in addition to the determinate terms of imprisonment previously imposed on March 30, 2001.

ORDERED that the resentence is affirmed.

Since the defendant had not yet completed the previously imposed terms of imprisonment when he was resentenced, the resentencing to a mandatory period of postrelease supervision did not subject him to double jeopardy or violate his right to due process of law (see People v Lingle, 16 N.Y.3d 621; People v Rogers, 105 A.D.3d 776; People v Dawkins, 87 A.D.3d 550).

RIVERA, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.


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