People v. Algarin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Inasmuch as the defendant had not yet completed serving his originally imposed sentences of imprisonment when he was resentenced, his resentencing to a term including the statutorily required periods of postrelease supervision did not violate the double jeopardy and due process clauses of the United States Constitution (see People v Lingle, 16 NY3d 621, 630-632 [2011]; People v Harris, 86 AD3d 543, 543-544 [2011], lv denied 17 NY3d 859 [2011]; People v Burgos, 84 AD3d 975 [2011]). Skelos, J.E, Balkin, Leventhal and Lott, JJ., concur.
2Cases cited3 opinions
- People v. LingleNew York Court of Appeals · 2011
- People of State of New York v. HarrisAppellate Division of the Supreme Court of the State of New York · 2011
- People v. BurgosAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by6 opinions
- People v. MillsAppellate Division of the Supreme Court of the State of New York · 2011
- People v. RalphAppellate Division of the Supreme Court of the State of New York · 2012
- People v. PembertonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. AllerAppellate Division of the Supreme Court of the State of New York · 2013
- People v. AllerAppellate Division of the Supreme Court of the State of New York · 2013
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