Majority
p. 499The People of the State of New York, Respondent, v Bernard Gardner, Appellant. [979 NYS2d 813]
Judgment of resentence, Supreme Court, New York County (Bruce Allen, J.), rendered January 18, 2012, resentencing defendant, as a second felony offender, to a term of 13 years, with five years’ post-release supervision, unanimously affirmed.
The resentencing proceeding imposing a term of postrelease
p. 500
supervision was neither barred by double jeopardy nor otherwise unlawful (see People v Lingle, 16 NY3d 621 [2011]). Concur— Acosta, J.E, Andrias, Saxe, Freedman and Feinman, JJ.
Cases cited
- People v. Lingle 16 NY3d 621 p. 500