People v. Moreno
Court: Appellate Division of the Supreme Court of the State of New York; May 14, 2014; New York; State Appellate Court
The defendant appealed a resentence imposed by the Supreme Court, Kings County, on September 27, 2012, following his conviction for first-degree robbery (three counts) based on a jury verdict. The resentence included periods of postrelease supervision alongside the previously established determinate terms of imprisonment. The court affirmed the resentence, noting that the defendant had not completed his original sentences at the time of resentencing. Consequently, the inclusion of statutorily required postrelease supervision did not infringe upon the double jeopardy or due process protections as outlined in the United States Constitution. Relevant case law supporting this decision includes People v Lingle, People v Harrison, and People v Hernandez. Justices Mastro, Hall, Lott, Austin, and Duffy concurred with the ruling.