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People v. Algarin

89 A.D.3d 859 Court N.Y. App. Div. Decision date 2011-11-09 English

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p. 859
The People of the State of New York, Respondent, v Angel Algarin, Appellant.
[932 NYS2d 358]

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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