PEOPLE v. BAILEY

2011-02852.

92 A.D.3d 890 (2012)

938 N.Y.S.2d 808

2012 NY Slip Op 1472

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. Louis BAILEY, Appellant.

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

Decided February 21, 2012.


Ordered that the resentence is affirmed.

Contrary to the defendant's contention, his resentencing to a term including the statutorily required period of postrelease supervision did not subject him to double jeopardy or violate his right to due process, since he had not yet completed his originally imposed sentence of imprisonment at the time he was resentenced (see People v Lingle, 16 N.Y.3d 621, 630-632 [2011]; People...

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