People v. Velilla
This text of 104 A.D.3d 881 (People v. Velilla) 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 (Brennan, J.), imposed June 7, 2011, which, upon his conviction of robbery in the first degree (two counts), upon a jury verdict, imposed a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on March 1, 2000.
Ordered that the resentence is affirmed.
Contrary to the defendant’s contention, his resentencing to a term which included the statutorily required period of post-release supervision did not subject him to double jeopardy or violate his right to due process of law, since, at the time he was resentenced, he had not yet completed the sentence of imprisonment originally imposed upon him (see People v Lingle, 16 NY3d 621, 630 [2011]; People v Dolberry, 95 AD3d 1357 [2012]; People v Dawkins, 87 AD3d 550 [2011]). Rivera, J.P., Angiolillo, Chambers and Roman, JJ., concur.
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Cite This Page — Counsel Stack
104 A.D.3d 881, 960 N.Y.S.2d 731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-velilla-nyappdiv-2013.