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People v. Mills

90 A.D.3d 1076 Court N.Y. App. Div. Decision date 2011-12-27 English

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p. 1076
The People of the State of New York, Respondent, v Joseph Mills, Appellant.
[934 NYS2d 862]

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 subject him to double jeopardy or violate his right to due process of law (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. Skelos, J.E, Angiolillo, Belen, Lott and Roman, JJ., concur.

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