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People v. McKinnon

111 A.D.3d 571 Court N.Y. App. Div. Decision date 2013-11-26 English

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p. 571
The People of the State of New York, Respondent, v Donald McKinnon, Appellant.
[975 NYS2d 658]

— Judgment of resentence, Supreme Court, Bronx County (Richard Lee Price, J.), rendered February 27, 2012, resentencing defendant, as a second violent felony offender, to a term of 15 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., Acosta, Moskowitz, Manzanet-Daniels and Gische, JJ.

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