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The People of the State of New York, Respondent, v. Tracy Durden, Appellant

New York Supreme Court, Appellate Division2012-04-12
94 A.D.3d 524941 N.Y.S.2d 842

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Opinion

majority opinion

Judgment of resentence, Supreme Court, New York County (Lewis Bart Stone, J.), rendered March 24, 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 Lingle, 16 NY3d 621 [2011]). Concur— Mazzarelli, J.P., Catterson, DeGrasse, Manzanet-Daniels and Román, JJ.