Opinion
2011-11-9
The PEOPLE, etc., respondent,v.Angel ALGARIN, appellant.
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, Johnnette Traill, 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 criminal possession of a weapon in the third degree, imposed periods of postrelease supervision in addition to the determinate terms of imprisonment previously imposed on August 13, 2002.
*359 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 violate the double jeopardy and due process clauses of the United States Constitution ( see People v. Lingle, 16 N.Y.3d 621, 630–632, 926 N.Y.S.2d 4, 949 N.E.2d 952; People v. Harris, 86 A.D.3d 543, 543–544, 926 N.Y.S.2d 319, lv. denied 17 N.Y.3d 859, 932 N.Y.S.2d 24, 956 N.E.2d 805; People v. Burgos, 84 A.D.3d 975, 921 N.Y.S.2d 898).
SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.