People v. Thompson
Cases that cite this one
16 later published cases cite this decision.
- People v. Flowers (Appellate Division of the Supreme Court of New York 2014)
- People v. Flowers (Appellate Division of the Supreme Court of New York 2014)
- People v. Nanton (Appellate Division of the Supreme Court of New York 2014)
- People v. Nanton (Appellate Division of the Supreme Court of New York 2014)
- People v. Kearney (Appellate Division of the Supreme Court of New York 2014)
- People v. Kearney (Appellate Division of the Supreme Court of New York 2014)
- People v. Caraway (Appellate Division of the Supreme Court of New York 2014)
- People v. Caraway (Appellate Division of the Supreme Court of New York 2014)
- People v. Wynter (Appellate Division of the Supreme Court of New York 2014)
- People v. Wynter (Appellate Division of the Supreme Court of New York 2014)
- People v. Simms (Appellate Division of the Supreme Court of New York 2013)
- People v. Simms (Appellate Division of the Supreme Court of New York 2013)
- People v. Manning (Appellate Division of the Supreme Court of New York 2013)
- People v. Canty (Appellate Division of the Supreme Court of New York 2013)
- People v. Canty (Appellate Division of the Supreme Court of New York 2013)
- People v. Cooke (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The defendant pleaded guilty to assault in the first degree in 2003, and he was sentenced, as a second felony offender, to a determinate term of 12 years of imprisonment (see Penal Law § 70.06 [6]). At that time, however, the Supreme Court failed to impose the statutorily required period of postrelease supervision (see People v Sparber, 10 NY3d 457 [2008]). On November 18, 2010, while the defendant was still incarcerated in connection with that conviction, he was brought before the Supreme Court for resentencing so that the mandatory period of post-release supervision could be imposed (see Penal Law § 70.00 [6]; § 70.45 [2]; Correction Law § 601-d).
Contrary to the defendant’s contentions, his resentencing to a term 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 Harris, 86 AD3d 543, 543-544 [2011]; People v Burgos, 84 AD3d 975 [2011]; People v Young, 78 AD3d 744 [2010]). Skelos, J.E, Hall, Austin and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.