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Resentencing After Original Sentence Expired Violates Double Jeopardy Clause

The Fourth Department explained that a resentencing which takes place after the original sentence has been completed violates the double jeopardy clause.  People v Alvarado, 961, 4th Dept 9-27-13

 

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Court, Not Prosecutor, Must Determine Whether Defendant Is Eligible for Youthful... No Appeal Lies from an Order Entered Upon a Default