Legal Opinion

People v. Hsu

Appellate Division of the Supreme Court of the State of New York

Decided July 5, 2012PublishedCited by 2 opinions

1Opinion of the Court

Since the defendant had not yet completed serving his originally imposed determinate sentence of imprisonment when he was resentenced, his resentencing to a term including the statutorily required period of postrelease supervision in addition to the determinate term of imprisonment previously imposed did not subject him to double jeopardy (see People v Lingle, 16 NY3d 621, 630-632 [2011]; People v Jones, 94 AD3d 1146 [2012]; People v Battle, 94 AD3d 1014 [2012]).

The defendant’s remaining contention is without merit. Florio, J.P., Balkin, Hall and Miller, JJ., concur.

2Cases cited3 opinions

  1. People v. LingleNew York Court of Appeals · 2011
  2. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. BattleAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by2 opinions

  1. People v. FoxAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. FoxAppellate Division of the Supreme Court of the State of New York · 2013