People v. Hsu
Appellate Division of the Supreme Court of the State of New York
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
- People v. LingleNew York Court of Appeals · 2011
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BattleAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by2 opinions
- People v. FoxAppellate Division of the Supreme Court of the State of New York · 2013
- People v. FoxAppellate Division of the Supreme Court of the State of New York · 2013