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PEOPLE v. GUILLEN

2009-09229.

85 A.D.3d 1201 (2011)

926 N.Y.S.2d 297

2011 NY Slip Op 5737

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GINA GUILLEN, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 28, 2011.

Ordered that the resentence is affirmed.

Since the defendant had not yet completed her originally imposed sentence of imprisonment when she was resentenced, resentencing her to a term which included the statutorily required period of postrelease supervision did not subject her to double jeopardy or violate her right to due process (see People v Lingle, 16 N.Y.3d 621 [2011]; People v McCoy, 84 A.D.3d...

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