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The People of the State of New York, Respondent, v. Juan Vasquez, Appellant

New York Supreme Court, Appellate Division2015-01-13
124 A.D.3d 444997 N.Y.S.2d 901

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Opinion

majority opinion

Judgment of resentence, Supreme Court, New York County (Richard D. Carruthers, J.), rendered October 19, 2011, as amended October 26, 2011, resentencing defendant 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 Lingle, 16 NY3d 621 [2011]), and we do not find the term imposed to be excessive.

Concur — Tom, J.P., Friedman, Acosta, Saxe and Kapnick, JJ.