The People, etc., respondent, v. Malik Edwards, appellant.

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Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Malik Edwards, appellant.

2010–11453 (Ind.No. 213/00)

Decided: November 22, 2011

WILLIAM F. MASTRO, J.P. ANITA R. FLORIO PLUMMER E. LOTT JEFFREY A. COHEN, JJ. Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel;  Meghan McCarthy on the brief), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel;  Samuel K. Mersky on the brief), for respondent.

Submitted—November 4, 2011

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Dowling, J.), imposed November 15, 2010, which, upon his conviction of attempted murder in the second degree, imposed a period of postrelease supervision of 21/212 years, in addition to the determinate sentence of imprisonment originally imposed on October 24, 2000.

ORDERED that the resentence is affirmed.

Since the defendant had not yet completed his originally imposed sentence of imprisonment when he was resentenced, the 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;  People v. Dawkins, 87 AD3d 550;  People v. Myrick, 84 AD3d 1272, lv denied 17 NY3d 820).

On an appeal from a resentence to correct a Sparber error (People v. Sparber, 10 NY3d 457), this Court lacks the authority to reconsider the incarceratory component of the defendant's sentence (see People v. Lingle, 16 NY3d at 635;  People v. Myrick, 84 AD3d at 1272).

MASTRO, J.P., FLORIO, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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