Appellate Division of the Supreme Court of New York, 2011

People v. Hargrove

People v. Hargrove
Appellate Division of the Supreme Court of New York · Decided June 7, 2011
85 A.D.3d 456; 924 N.Y.S.2d 265
People v. Hargrove

Opinion of the Court

Judgment of resentence, Supreme Court, New York County (Renee A. White, J.), rendered March 10, 2009, resentencing defendant to a term of three years, with five years’ postrelease supervision, unanimously reversed, on the law, the resentence vacated and the original sentence without postrelease supervision reinstated.

As the People concede, the imposition of postrelease supervision on resentencing violated defendant’s right against double jeopardy (see People v Williams, 14 NY3d 198 [2010]). Concur— Mazzarelli, J.P., Sweeny, Moskowitz, Renwick and Román, JJ.

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