People v. Louis

90 A.D.3d 1075, 935 N.Y.2d 516
Appellate Division of the Supreme Court of the State of New York·Decided December 27, 2011·Published·Cited by 22 cases

Opinion

Contrary to the defendant’s contention, his resentencing to a term including the statutorily-required period of postrelease supervision did not subject him to double jeopardy or violate his right to due process, since he had not yet completed his originally-imposed sentence of imprisonment at the time he was resentenced (see People v Lingle, 16 NY3d 621, 630-632 [2011]; People v Dawkins, 87 AD3d 550 [2011]; People v Harris, 86 AD3d 543 [2011], lv denied 17 NY3d 859 [2011]; People v Guillen, 85 AD3d 1201 [2011], lv denied 17 NY3d 859 [2011]).

The defendant’s remaining contentions are without merit. Rivera, J.E, Florio, Eng, Hall and Cohen, JJ., concur.

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People v. Louis, 90 A.D.3d 1075, 935 N.Y.2d 516 (N.Y. Ct. App. 2011).

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