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Inasmuch as the defendant had not yet completed serving his originally imposed sentence of imprisonment when he was
*797 resentenced, his resentencing to a term including the statutorily-required period 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 Algarin, 89 AD3d 859 [2011]).The defendant’s remaining contention is without merit. Angiolillo, J.E, Florio, Leventhal and Lott, JJ., concur.
Document Info
Citation Numbers: 91 A.D.3d 796, 936 N.Y.2d 903
Filed Date: 1/17/2012
Precedential Status: Precedential
Modified Date: 11/1/2024