People v. Ruis
This text of 121 A.D.3d 723 (People v. Ruis) 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.
Opinion
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Reichbach, J.), imposed April 25, 2012, upon his conviction of manslaughter in the first degree and criminal possession of a weapon in the second degree, the resentence being periods of postrelease supervision in addition to the determinate terms of imprisonment previously imposed on October 15, 2002.
Ordered that the resentence is affirmed.
Inasmuch as the defendant had not yet completed serving his originally imposed sentence of imprisonment when he was resentenced, his resentencing to terms including the statutorily required periods of postrelease supervision did not violate the double jeopardy and due process clauses of the United States Constitution (see People v Lingle, 16 NY3d 621, 630-632 [2011]; People v Harrison, 112 AD3d 967 [2013]; People v Hernandez, 110 AD3d 918, 919 [2013]; People v Rogers, 105 AD3d 776, 777 [2013]).
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Cite This Page — Counsel Stack
121 A.D.3d 723, 992 N.Y.S.2d 895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ruis-nyappdiv-2014.