People v Harpe
2012 NY Slip Op 07318 [100 AD3d 657]
November 7, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


The People of the State of New York, Respondent,
v
Jamale L. Harpe, Appellant.

[*1] Lynn W. L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Lucas E. Wherry on the brief), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Dowling, J.), imposed April 1, 2011, which, upon his convictions of attempted murder in the second degree, the resentence being, in effect, concurrent periods of postrelease supervision in addition to the concurrent determinate terms of imprisonment previously imposed on May 2, 2003.

Ordered that the resentence is affirmed.

Inasmuch as the defendant had not yet completed serving his originally imposed sentences of imprisonment when he was resentenced, his resentencing to a term including the statutorily required periods of postrelease supervision did not violate the double jeopardy and due process clauses of the United States Constitution (see People v Lingle, 16 NY3d 621, 630-632 [2011]; People v Pemberton, 93 AD3d 681 [2012]; People v Ralph, 91 AD3d 796, 796-797 [2012]).

The defendant's remaining contentions are without merit. Eng, P.J., Skelos, Chambers and Sgroi, JJ., concur.