People v. Simmons
114 A.D.3d 491, 979 N.Y.S.2d 810
Procedural entryThis page is a short order in People v. Simmons. Read the opinion of the Court — 84 A.D.3d 1120 →
Appellate Division of the Supreme Court of the State of New York·Decided February 13, 2014·Published
Opinion
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered February 17, 2012, resentencing defendant to an aggregate 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 (People v Lingle, 16 NY3d 621 [2011]).
We perceive no basis for reducing the term of postrelease supervision. Concur — Gonzalez, EJ., Sweeny, Richter, ManzanetDaniels and Clark, JJ.
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People v. Simmons, 114 A.D.3d 491, 979 N.Y.S.2d 810 (N.Y. Ct. App. 2014).
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Related
People v. Lingle
949 N.E.2d 952 (New York Court of Appeals, 2011)