The People, etc., respondent, v. Houston Douglas, appellant. (2011)

Submitted—October 31, 2011

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Reichbach, J.), imposed June 16, 2010, which, upon his convictions of assault in the first degree, criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, imposed a period of postrelease supervision in addition to the determinate terms of imprisonment previously imposed on April 26, 2006.

ORDERED that the resentence is affirmed.

Since the defendant had not yet completed his originally imposed sentence of imprisonment when he was resentenced, resentencing him 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;  People v. Dawkins, 87 AD3d 550;  People v. Harris, 86 AD3d 543, 543–544, lv denied 17 NY3d 859;  People v. Guillen, 85 AD3d 1201, 1202, lv denied 17 NY3d 859).

The defendant's remaining contention is without merit.

RIVERA, J.P., DICKERSON, ENG and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court