People v Algarin

People v Algarin 2011 NY Slip Op 08162 Decided on November 9, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 9, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
2010-07129
(Ind. No. 3046/01)

[*1]The People of the State of New York, 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.


DECISION & ORDER

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.

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 NY3d 621, 630-632; People v Harris, 86 AD3d 543, 543-544, lv denied 17 NY3d 859; People v Burgos, 84 AD3d 975).
SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court