People v. Ralph

91 A.D.3d 796, 936 N.Y.2d 903
Appellate Division of the Supreme Court of the State of New York·Decided January 17, 2012·Published·Cited by 10 cases

Opinion

Inasmuch as the defendant had not yet completed serving his originally imposed sentence of imprisonment when he was [797] resentenced, his resentencing to a term including the statutorily-required period 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 Algarin, 89 AD3d 859 [2011]).

The defendant’s remaining contention is without merit. Angiolillo, J.E, Florio, Leventhal and Lott, JJ., concur.

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People v. Ralph, 91 A.D.3d 796, 936 N.Y.2d 903 (N.Y. Ct. App. 2012).

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