People v. Christopher Brinson and People v. Lawrence Blankymsee


AD2 order dated December 6, 2011, affirming amended judgment of conviction upon PRS resentence. Decision below: 90 A.D.3d 670, 933 N.Y.S.2d 728. Graffeo, J., granted leave April 4, 2012. (SSM.)

ISSUE PRESENTED: The propriety of adding PRS to defendant’s determinate prison sentence after he finished serving the determinate sentence, but not two consecutive indeterminate sentences. (Assigned counsel: Paul Skip Laisure & Lynn W.L. Fahey, Appellate Advocates, 2 Rector Street, 10th Floor, NYC 10006.) (See also leave grant in People v. Blankymsee, 92 A.D.3d 890.

Issue before the Court: Does the imposition of a period of PRS at a Sparber resentencing violate double jeopardy where the defendant "completed" the determinate sentence but is serving an indeterminate sentence exceeding the determinate sentence’s length.

Held: The resentencing did not occasion a double jeopardy violation as the defendant was serving an aggregate sentence under PL 70.30. The defendants will not have a legitimate expectation of finality until completion of the respective aggregated sentences.