People v. Byron

Appeal by the defendant from a resentence of the Supreme Court, Queens County (McGann, J.), imposed May 31, 2012, upon his conviction of rape in the first degree, upon a jury verdict, the resentence being five years of postrelease supervision in addition to a determinate term of imprisonment previously imposed by the same court on March 12, 2001.

Ordered that the resentence is affirmed.

The defendant’s resentencing to a term that included 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…