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People v. Williams

Supreme Court of New York, Second Department

August 7, 2013

The People of the State of New York, respondent,
v.
Earl Williams, appellant. Ind. No. 855/00

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

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Anastasia Spanakos of counsel), for respondent.

WILLIAM F. MASTRO, J.P., DANIEL D. ANGIOLILLO, LEONARD B. AUSTIN, ROBERT J. MILLER, JJ.

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Queens County (McGann, J.), imposed January 19, 2012, upon his conviction of assault in the first degree, criminal mischief in the fourth degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, the resentence being a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on July 3, 2001.

ORDERED that the resentence is affirmed.

Since the defendant had not yet completed 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 subject him to double jeopardy or violate his right to due process (see People v Lingle, 16 N.Y.3d 621; People v Louis, 90 A.D.3d 1075; People v Dawkins, 87 A.D.3d 550; People v Myrick, 84 A.D.3d 1272).

The period of postrelease supervision imposed at resentencing was not excessive (see People v Suitte, 90 A.D.2d 80).

MASTRO, J.P., ANGIOLILLO, AUSTIN and MILLER, JJ., concur.


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