Opinion
2014-04-2
The PEOPLE, etc., respondent, v. Nayshawn PERKINS, appellant.
Lynn W.L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Marrus, J.), imposed June 8, 2012, upon his conviction of attempted murder in the second degree and robbery in the first degree, the resentence being periods of postrelease supervision in addition to the determinate terms of imprisonment previously imposed on June 14, 2005.
ORDERED that the resentence is affirmed.
The Supreme Court properly granted the defendant's motion pursuant to CPL 440.20 to vacate his sentence only to the extent of directing the defendant to appear for a resentencing hearing so that it could pronounce the postrelease supervision periods in the defendant's presence ( see People v. Boyer, 22 N.Y.3d 15, 25, 977 N.Y.S.2d 731, 999 N.E.2d 1176;People v. Sparber, 10 N.Y.3d 457, 471, 859 N.Y.S.2d 582, 889 N.E.2d 459).
Furthermore, since the defendant had not yet completed his originally imposed sentences of imprisonment when he was resentenced, his resentencing to a term including the statutorily required periods of postrelease supervision did not subject him to double jeopardy or violate his right to due process of law ( see People v. Lingle, 16 N.Y.3d 621, 630–632, 926 N.Y.S.2d 4, 949 N.E.2d 952;People v. Harrison, 112 A.D.3d 967, 977 N.Y.S.2d 374;People v. Hernandez, 110 A.D.3d 918, 919, 972 N.Y.S.2d 913,lv. denied 22 N.Y.3d 1139, 983 N.Y.S.2d 497, 6 N.E.3d 616, 2014 N.Y. Slip Op. 97193[U] [2014];People v. Rogers, 105 A.D.3d 776, 777, 961 N.Y.S.2d 796). BALKIN, J.P., LOTT, ROMAN and MILLER, JJ., concur.