People v. Byron

124 A.D.3d 676, 997 N.Y.S.2d 906

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 14, 2015
• Docket: 2012-05696
• Status: Published

Opinion

Appeal by the defendant from a resentence of the Supreme Court, Queens County (McGann, J.), imposed May 31, 2012, upon his conviction of rape in the first degree, upon a jury verdict, the resentence being five years of postrelease supervision in addition to a determinate term of imprisonment previously imposed by the same court on March 12, 2001.

Ordered that the resentence is affirmed.

The defendant’s resentencing to a term that included the statutorily required 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 NY3d 621 [2011]; People v Ravenell, 120 AD3d 516, 517 [2014]; People v Nova, 116 AD3d 445, 445 [2014]). The defendant’s contention regarding his adjudication as a second violent felony offender was not properly before the court at the resentencing, which was limited to the imposition of the period of postrelease supervision (see People v Boyer, 22 NY3d 15, 24 [2013]).

The defendant’s remaining contention is unpreserved for appellate review and, in any event, without merit.

Balkin, J.E, Cohen, Duffy and LaSalle, JJ., concur.