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The People of the State of New York, Respondent, v. Anthony Ralph, Appellant

New York Supreme Court, Appellate Division2012-01-17
91 A.D.3d 796936 N.Y.S.2d 903

Authorities cited

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Opinion

majority opinion

Inasmuch as the defendant had not yet completed serving his originally imposed sentence of imprisonment when he was 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.