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The People of the State of New York, Respondent, v. Bernard Gardner, Appellant

New York Supreme Court, Appellate Division2014-02-13
114 A.D.3d 499979 N.Y.S.2d 813

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Opinion

majority opinion

Judgment of resentence, Supreme Court, New York County (Bruce Allen, J.), rendered January 18, 2012, resentencing defendant, as a second felony offender, to a term of 13 years, with five years’ post-release 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— Acosta, J.E, Andrias, Saxe, Freedman and Feinman, JJ.