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People v. Gardner

122 A.D.3d 485 Court N.Y. App. Div. Decision date 2014-11-18 English

Judges Concur— Tom, J.E, Renwick, Andrias, DeGrasse and Kapnick, JJ.

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p. 485
The People of the State of New York, Respondent, v Melvin Gardner, Appellant.
[995 NYS2d 507]

Judgment of resentence, Supreme Court, New York County (Daniel E FitzGerald, J.), rendered February 17, 2012, resentencing defendant to an aggregate 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 (People v Lingle, 16 NY3d 621 [2011]). We perceive no basis for reducing the term of postrelease supervision.

Concur— Tom, J.E, Renwick, Andrias, DeGrasse and Kapnick, JJ.

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