Appellate Division of the Supreme Court of New York, 2014

People v. Simmons

People v. Simmons
Appellate Division of the Supreme Court of New York · Decided February 13, 2014
114 A.D.3d 491; 979 N.Y.S.2d 810
People v. Simmons

Opinion of the Court

Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered February 17, 2012, resentencing defendant to an aggregate term of 18 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 (People v Lingle, 16 NY3d 621 [2011]).

We perceive no basis for reducing the term of postrelease supervision. Concur — Gonzalez, EJ., Sweeny, Richter, ManzanetDaniels and Clark, JJ.

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