People v. Javier
This text of 94 A.D.3d 543 (People v. Javier) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Judgment of resentence, Supreme Court, New York County (Lewis Bart Stone, J), rendered June 24, 2010, resentencing defendant, as a second felony offender, to a term of nine 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]). Defendant’s remaining claim is procedurally barred (see People v Jordan, 16 NY3d 845 [2011]; People v Harper, 85 AD3d 617 [2011], lv denied 17 NY3d 903 [2011]), and is without merit in any event. Concur — Saxe, J.P., Sweeny, Moskowitz, Renwick and AbdusSalaam, JJ.
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Cite This Page — Counsel Stack
94 A.D.3d 543, 942 N.Y.S.2d 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-javier-nyappdiv-2012.