PEOPLE v. MILLS

2011-02850

90 A.D.3d 1076 (2011)

934 N.Y.S.2d 862

2011 NY Slip Op 9674

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH MILLS, Appellant.

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

Decided December 27, 2011.


Ordered that the resentence is affirmed.

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 N.Y.3d 621, 630-632 [2011]; People v Algarin,<...

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