People v. Piletas

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Parker, J.), imposed February 23, 2012, upon his conviction of manslaughter in the first degree, the resentence being a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed by the same court (Kreindler, J.) on April 7, 2000. Ordered that the resentence is affirmed. *742 Inasmuch as the defendant had not yet completed serving his originally imposed sentence of imprisonment when he was resentenced, his resentencing to a term that including the statutorily required period of postrelease supervision did not subject him to double jeopardy or violate his right to due process of law (see People v Lingle, 16 NY3d 621, 630-633 [2011]; People v Curtis, 119 AD3d 705 [2014]; People v York, 118 AD3d 926 [2014]; People v Harrison, 112 AD3d 967 [2013]). Rivera, J.P., Hall, Austin, Miller and Maltese, JJ., concur.