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The People of the State of New York, Respondent, v. John Neloms, Appellant

New York Supreme Court, Appellate Division2012-11-13
100 A.D.3d 483953 N.Y.S.2d 511

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Opinion

majority opinion

— Judgment of resentence, Supreme Court, New York County (Gregory Carro, J.), rendered June 29, 2011, resentencing defendant, as a second felony offender, to an aggregate term of 15 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]). Concur— Mazzarelli, J.E, Moskowitz, Richter, Abdus-Salaam and Feinman, JJ.