People v. Gumbs

Appellate Division of the Supreme Court of New York

People v. Gumbs

105 A.D.3d 759, 961 N.Y.S.2d 796

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 3, 2013

StatusPublished

This text of 105 A.D.3d 759 (People v. Gumbs) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Gumbs, 105 A.D.3d 759, 961 N.Y.S.2d 796 (N.Y. Ct. App. 2013).

Pincite

Opinion

—Appeal by the defendant from a resentence of the County Court, Suffolk County (Hinrichs, J.), imposed May 25, 2011, upon his conviction of robbery in the first degree, upon a jury verdict, the resentence being a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on May 18, 2001.

Ordered that the resentence is affirmed.

[760]*760Since the defendant had not yet completed his originally imposed sentence of imprisonment when he was resentenced, the 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 (see People v Lingle, 16 NY3d 621 [2011]; People v Louis, 90 AD3d 1075 [2011]; People v Dawkins, 87 AD3d 550 [2011]).

The defendant’s remaining contention is without merit.

Rivera, J.R, Dickerson, Leventhal and Lott, JJ., concur.

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