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People v. Smith

123 A.D.3d 464 Court N.Y. App. Div. Decision date 2014-12-04 English

Judges Concur— Friedman, J.P., Acosta, Moskowitz, Richter and Clark, JJ.

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p. 464
The People of the State of New York, Respondent, v Collie Smith, Appellant.
[996 NYS2d 528]

Judgment of resentence, Supreme Court, Bronx County (Richard Lee Price, J.), rendered February 27, 2012, resentencing defendant to a 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 (see People v Lingle, 16 NY3d 621 [2011]), and we perceive no basis for reducing the term imposed.

Concur— Friedman, J.P., Acosta, Moskowitz, Richter and Clark, JJ.

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