Appellate Division of the Supreme Court of New York, 2013

People v. Gumbs

People v. Gumbs
Appellate Division of the Supreme Court of New York · Decided April 3, 2013 · Dickerson, Leventhal, Lott, Rivera
105 A.D.3d 759; 961 N.Y.S.2d 796
People v. Gumbs

Opinion of the Court

—Appeal by the defendant from a resentence of the County Court, Suffolk County (Hinrichs, J.), imposed May 25, 2011, upon his conviction of robbery in the first degree, upon a jury verdict, the resentence being a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on May 18, 2001.

Ordered that the resentence is affirmed.

*760Since the defendant had not yet completed his originally imposed sentence of imprisonment when he was resentenced, the resentencing to a term which 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 Lingle, 16 NY3d 621 [2011]; People v Louis, 90 AD3d 1075 [2011]; People v Dawkins, 87 AD3d 550 [2011]).

The defendant’s remaining contention is without merit.

Rivera, J.R, Dickerson, Leventhal and Lott, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.