Appellate Division of the Supreme Court of New York, 2014

People v. Berry

People v. Berry
Appellate Division of the Supreme Court of New York · Decided December 4, 2014 · Tom, Sweeny, Degrasse, Feinman, Gische
123 A.D.3d 442; 995 N.Y.S.2d 913
People v. Berry

Opinion

Judgment of resentence, Supreme Court, New York County (Renee A. White, J.), rendered June 26, 2012, as amended June 28, 2012, resentencing defendant to an aggregate term of 35 years, with five years’ postrelease supervision, unanimously affirmed.

The resentencing proceeding imposing a term of postrelease supervision was neither barred by double jeopardy nor otherwise unlawful (see People v Lingle, 16 NY3d 621 [2011]), and we perceive no basis for reducing the term imposed.

Concur — Tom, J.P., Sweeny, DeGrasse, Feinman and Gische, JJ.

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