People v. Woods

• Decision Date: 05 October 2010
• Citation: 77 A.D.3d 690,907 N.Y.S.2d 886
• Parties: The PEOPLE, etc., respondent, v. Michael WOODS, appellant.
• Court: New York Supreme Court — Appellate Division

907 N.Y.S.2d 886
77 A.D.3d 690

The PEOPLE, etc., respondent,
v.
Michael WOODS, appellant.

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

Oct. 5, 2010.

Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Anne Grady of counsel), for respondent.

77 A.D.3d 690

Appeal by the defendant from a resentence of the Supreme Court, Richmond County (Rooney, J.), imposed February 3, 2009, which, upon his conviction of robbery in the first degree, upon a jury verdict, imposed a period of postrelease supervision of five years in addition to the determinate term of imprisonment previously imposed on September 28, 2000.

ORDERED that the resentence is affirmed.

After a defendant is released from prison, a legitimate expectation in the finality of the sentence arises ( see People v. Williams, 14 N.Y.3d 198, 217, 899 N.Y.S.2d 76, 925 N.E.2d 878), and the Double Jeopardy Clause of the United States Constitution ( see U.S. Const, 5th Amend) precludes a court from adding a period of postrelease supervision to the sentence ( see People v. Jordan, 15 N.Y.3d 727, 905 N.Y.S.2d 797, 931 N.E.2d 1053; People v. Grant, 75 A.D.3d 558, 904 N.Y.S.2d 505). Here, since the defendant had not yet completed serving the 18-year prison term to which he was sentenced in 2000, the 2009 resentencing did not violate the defendant's Double Jeopardy or Due Process rights ( see People v. Jordan, 15 N.Y.3d 727, 905 N.Y.S.2d 797, 931 N.E.2d 1053; People v. Hassell, 14 N.Y.3d 925, 905 N.Y.S.2d 555, 931 N.E.2d 539; People v. Williams, 14 N.Y.3d 198, 899 N.Y.S.2d 76, 925 N.E.2d 878; People v. Sparber, 10 N.Y.3d 457, 859 N.Y.S.2d 582, 889 N.E.2d 459; People v. Pruitt, 74 A.D.3d 1366, 903 N.Y.S.2d 239; People v. Mendez, 73 A.D.3d 951, 899 N.Y.S.2d 873; People v. Parisi, 72 A.D.3d 989, 899 N.Y.S.2d 328; People v. Scalercio, 71 A.D.3d 1060, 896 N.Y.S.2d 872; People v. Prendergast, 71 A.D.3d 1055, 896 N.Y.S.2d 875; People v. Bowman, 65 A.D.3d 636, 883 N.Y.S.2d 727; People v. Stewartson, 63 A.D.3d 966, 883 N.Y.S.2d 51).

77 A.D.3d 691

The...