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People v. Jiggetts

Supreme Court of New York, Second Department

July 10, 2013

The People of the State of New York, respondent,
v.
William Jiggetts, appellant. Ind. No. 5219/01

Lynn W. L. Fahey, New York, N.Y. (Dina Zloczower of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.

DANIEL D. ANGIOLILLO, J.P., THOMAS A. DICKERSON, SANDRA L. SGROI, SYLVIA HINDS-RADIX, JJ.

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Marrus, J.), imposed March 23, 2012, upon his conviction of manslaughter in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, the resentence being a period of postrelease supervision in addition to the terms of imprisonment previously imposed on May 21, 2002.

ORDERED that the resentence is affirmed.

Inasmuch as the defendant had not yet completed serving his originally imposed sentence of imprisonment when he was resentenced, his resentencing to a term including the statutorily required period of postrelease supervision did not violate the double jeopardy and due process clauses of the United States Constitution (see People v Lingle, 16 N.Y.3d 621, 630-632; People v Pemberton, 93 A.D.3d 681; People v Mills, 90 A.D.3d 1076; People v Louis, 90 A.D.3d 1075; People v Dawkins, 87 A.D.3d 550).

The defendant's remaining contention is without merit.

ANGIOLILLO, J.P., DICKERSON, SGROI and HINDS-RADIX, JJ., concur.


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