← Cases

People v. Simmons

114 A.D.3d 491 Court N.Y. App. Div. Decision date 2014-02-13 English

Contents

Majority

p. 491
The People of the State of New York, Respondent, v Devon Simmons, Appellant.
[979 NYS2d 810]

Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered February 17, 2012, resentencing defendant to an aggregate term of 18 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 (People v Lingle, 16 NY3d 621 [2011]).

We perceive no basis for reducing the term of postrelease supervision. Concur — Gonzalez, EJ., Sweeny, Richter, ManzanetDaniels and Clark, JJ.

Cases cited