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PEOPLE v. WYNTER

2012-11073, Ind. No. 1622/04.

118 A.D.3d 825 (2014)

987 N.Y.S.2d 190

2014 NY Slip Op 4225

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID M. WYNTER, Appellant.

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

Decided June 11, 2014.

Ordered that the resentence is affirmed.

Since the defendant was still serving his original sentence when the resentence was imposed, the resentence to terms 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, 630-633 [2011]; People v Thompson...

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