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People v. Lee

113 A.D.3d 700, 978 N.Y.2d 701
Procedural entryThis page is a short order in People v. Lee. Read the opinion of the Court — 80 A.D.3d 1072 →
Appellate Division of the Supreme Court of the State of New York·Decided January 15, 2014·Published

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

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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)