People v. Pemberton
Cases that cite this one
7 later published cases cite this decision.
- People v. Jiggetts (Appellate Division of the Supreme Court of New York 2013)
- People v. Jiggetts (Appellate Division of the Supreme Court of New York 2013)
- People v. Aller (Appellate Division of the Supreme Court of New York 2013)
- People v. Aller (Appellate Division of the Supreme Court of New York 2013)
- People v. Jones (Appellate Division of the Supreme Court of New York 2012)
- People v. Harpe (Appellate Division of the Supreme Court of New York 2012)
- People v. Harpe (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
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Tomei, J), imposed March 21, 2011, which, upon his conviction of sodomy in the first degree, imposed a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on August 21, 2001.
Ordered that the resentence is affirmed.
Inasmuch as the defendant had not yet completed serving his originally imposed sentence of imprisonment when he was resentenced, his resentencing to a term including the statutorily required period of postrelease supervision did not violate the double jeopardy and due process clauses of the United States Constitution (see People v Lingle, 16 NY3d 621, 630-632 [2011]; People v Ralph, 91 AD3d 796 [2012]; People v Algarin, 89 AD3d 859 [2011]).
The defendant’s remaining contentions are without merit. Rivera, J.E, Eng, Chambers, Sgroi and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.