Majority
p. 859The 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.
Cases cited
- People v. Lingle 16 NY3d 621 at 630-632 p. 859