Appellate Division of the Supreme Court of New York, 2011

People v. Algarin

People v. Algarin
Appellate Division of the Supreme Court of New York · Decided November 9, 2011
89 A.D.3d 859; 932 N.Y.2d 358
People v. Algarin

Opinion 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.

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