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PEOPLE v. RALPH

2010-06140.

91 A.D.3d 796 (2012)

936 N.Y.S.2d 903

2012 NY Slip Op 391

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY RALPH, Appellant.

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

Decided January 17, 2012.

Ordered that the resentence is affirmed.

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 N.Y.3d 621

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