People v. Mejia
This text of 76 A.D.2d 1033 (People v. Mejia) 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
[1034]*1034Ordered that the resentence is reversed, on the law, the period of postrelease supervision is vacated, and the original sentence imposed on September 19, 2000, is reinstated.
As the People correctly concede, the imposition of a period of postrelease supervision upon this defendant violated his rights under the Double Jeopardy Clause of the United States Constitution (see US Const Fifth Amend; People v Williams, 14 NY3d 198 [2010]; People v Marquez, 73 AD3d 1212 [2010]). Accordingly, the resentence must be reversed, the period of postrelease supervision vacated, and the original sentence reinstated. Dillon, J.P., Balkin, Chambers and Sgroi, JJ., concur.
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Cite This Page — Counsel Stack
76 A.D.2d 1033, 907 N.Y.S.2d 682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mejia-nyappdiv-2010.