People v Velilla
2013 NY Slip Op 01863 [104 AD3d 881]
March 20, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 24, 2013


The People of the State of New York, Respondent,
v
William Velilla, Appellant.

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

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

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Brennan, J.), imposed June 7, 2011, which, upon his conviction of robbery in the first degree (two counts), upon a jury verdict, imposed a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on March 1, 2000.

Ordered that the resentence is affirmed.

Contrary to the defendant's contention, his resentencing to a term which included the statutorily required period of postrelease supervision did not subject him to double jeopardy or violate his right to due process of law, since, at the time he was resentenced, he had not yet completed the sentence of imprisonment originally imposed upon him (see People v Lingle, 16 NY3d 621, 630 [2011]; People v Dolberry, 95 AD3d 1357 [2012]; People v Dawkins, 87 AD3d 550 [2011]). Rivera, J.P., Angiolillo, Chambers and Roman, JJ., concur.