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The People of the State of New York, Respondent, v. Terrence Nesmith, Appellant

New York Supreme Court, Appellate Division2014-04-01
116 A.D.3d 412982 N.Y.S.2d 758

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Opinion

majority opinion

— Judgment of resentence, Supreme Court, New York County (Bonnie G. Wittner, J), rendered October 9, 2012, resentencing defendant, as a second violent felony offender, to an aggregate term of 25 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— Friedman, J.E, Renwick, Moskowitz, Richter and Feinman, JJ.