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The People of the State of New York, Respondent, v. Gregory Galberth, Appellant

New York Supreme Court, Appellate Division2013-01-15
102 A.D.3d 487956 N.Y.S.2d 890

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Opinion

majority opinion

Judgment of resentence, Supreme Court, New York County (Lewis Bart Stone, J.), rendered April 6, 2011, resentencing defendant, as a second violent felony offender, to a term of 12 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 Velez, 19 NY3d 642, 647-649 [2012]; People v Lingle, 16 NY3d 621 [2011]). Concur—Saxe, J.P., Renwick, Freedman, Román and Gische, JJ.