Home/Appellate Division of the Supreme Court of New York/People v. Lee

People v. Lee

113 A.D.3d 700, 978 N.Y.2d 701
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 15, 2014
StatusPublished

This text of 113 A.D.3d 700 (People v. Lee) 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. Lee, 113 A.D.3d 700, 978 N.Y.2d 701 (N.Y. Ct. App. 2014).

Opinion

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 NY3d 621 [2011]; People v Williams, 109 AD3d 490 [2013]; People v Smith, 101 AD3d 761 [2012]; People v Cooke, 94 AD3d 1138 [2012]).

The period of postrelease supervision imposed at resentencing was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, J.P., Leventhal, Austin and Sgroi, JJ., concur.

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Related

People v. Lingle
949 N.E.2d 952 (New York Court of Appeals, 2011)
People v. Cooke
94 A.D.3d 1138 (Appellate Division of the Supreme Court of New York, 2012)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Smith
101 A.D.3d 761 (Appellate Division of the Supreme Court of New York, 2012)
People v. Williams
109 A.D.3d 490 (Appellate Division of the Supreme Court of New York, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
113 A.D.3d 700, 978 N.Y.2d 701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lee-nyappdiv-2014.