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People v. Berry

123 A.D.3d 442 Court N.Y. App. Div. Decision date 2014-12-04 English

Judges Concur — Tom, J.P., Sweeny, DeGrasse, Feinman and Gische, JJ.

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p. 442
The People of the State of New York, Respondent, v James Berry, Appellant.
[995 NYS2d 913]

Judgment of resentence, Supreme Court, New York County (Renee A. White, J.), rendered June 26, 2012, as amended June 28, 2012, resentencing defendant to an aggregate term of 35 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]), and we perceive no basis for reducing the term imposed.

Concur — Tom, J.P., Sweeny, DeGrasse, Feinman and Gische, JJ.

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