Legal Opinion
People v. Edwards
Appellate Division of the Supreme Court of the State of New York
Decided November 22, 2011PublishedCited by 26 opinions
1Opinion of the Court
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 [2011]; People v Dawkins, 87 AD3d 550 [2011]; People v Myrick, 84 AD3d 1272 [2011], lv denied 17 NY3d 820 [2011]).
*1035On an appeal from a resentence to correct a Sparber error (People v Sparber, 10 NY3d 457 [2008]), this Court lacks the authority to reconsider the…
2Cases cited4 opinions
- People v. LingleNew York Court of Appeals · 2011
- People v. SparberNew York Court of Appeals · 2008
- People v. DawkinsAppellate Division of the Supreme Court of the State of New York · 2011
- People v. MyrickAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by26 opinions
- People v. DolberryAppellate Division of the Supreme Court of the State of New York · 2012
- People v. JohnAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SinghAppellate Division of the Supreme Court of the State of New York · 2012
- People v. WarrenAppellate Division of the Supreme Court of the State of New York · 2012
- People v. AcostaAppellate Division of the Supreme Court of the State of New York · 2012
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