People v Algarin

2011 NY Slip Op 08162 [89 AD3d 859]

November 9, 2011

Appellate Division, Second Department

As corrected through Wednesday, January 4th, 2012

The People of the State of New York, Respondent, v AngelAlgarin, Appellant.

—[*1]Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JohnnetteTraill, and Gretchen Robinson of counsel), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Queens County (Kron, J.),imposed July 14, 2010, which, upon his convictions of robbery in the first degree (two counts),robbery in the second degree, criminal possession of a weapon in the second degree, and criminalpossession of a weapon in the third degree, imposed periods of postrelease supervision inaddition to the determinate terms of imprisonment previously imposed on August 13, 2002.

Ordered that the resentence is affirmed.

Inasmuch as the defendant had not yet completed serving his originally imposed sentences ofimprisonment when he was resentenced, his resentencing to a term including the statutorilyrequired periods of postrelease supervision did not violate the double jeopardy and due processclauses of the United States Constitution (see People v Lingle, 16 NY3d 621, 630-632 [2011]; People v Harris, 86 AD3d 543,543-544 [2011], lv denied 17 NY3d 859 [2011]; People v Burgos, 84 AD3d 975 [2011]). Skelos, J.P., Balkin,Leventhal and Lott, JJ., concur.