People v. Leach , 994 N.Y.S.2d 870 ( 2014 )


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  • People v Leach (2014 NY Slip Op 07686)
    People v Leach
    2014 NY Slip Op 07686
    Decided on November 12, 2014
    Appellate Division, Second Department
    Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
    This opinion is uncorrected and subject to revision before publication in the Official Reports.


    Decided on November 12, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
    MARK C. DILLON, J.P.
    THOMAS A. DICKERSON
    SHERI S. ROMAN
    SANDRA L. SGROI, JJ.

    2012-09143
    (Ind. No. 1308/99)

    [*1]The People of the State of New York, respondent,

    v

    Tommy Leach, appellant.




    Lynn W. L. Fahey, New York, N.Y. (Ellen Fried of counsel), for appellant.

    Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Madel of counsel), for respondent.



    DECISION & ORDER

    Appeal by the defendant from a resentence of the Supreme Court, Kings County (Brennan, J.), imposed September 27, 2012, upon his conviction of manslaughter 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 (Kreindler, J.) on November 8, 1999.

    ORDERED that the resentence is affirmed.

    Since the defendant was still serving his original sentence when the resentence was imposed, the resentence 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; People v Kearney, 116 AD3d 1064; People v Flowers, 116 AD3d 710).

    DILLON, J.P., DICKERSON, ROMAN and SGROI, JJ., concur.

    ENTER:

    Aprilanne Agostino

    Clerk of the Court



Document Info

Docket Number: 2012-09143

Citation Numbers: 122 A.D.3d 771, 994 N.Y.S.2d 870

Filed Date: 11/12/2014

Precedential Status: Precedential

Modified Date: 1/12/2023