The People of the State of New York, Respondent, v. Joseph Torres, Defendant–Appellant. (2017)

Supreme Court, Appellate Division, First Department.

The People of the State of New York, Respondent, v. Joseph Torres, Defendant–Appellant.

5076

Decided: November 28, 2017

Tom, J.P., Friedman, Andrias, Gesmer, JJ.

Seymour W. James, Jr., The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Carol Berkman, J.), rendered November 8, 2010, resentencing defendant, as a second felony offender, to a term of 10 years, followed by 5 years of postrelease supervision, unanimously affirmed.

The resentencing proceeding imposing a term of postrelease supervision was neither barred by double jeopardy nor otherwiseunlawful (see People v. Lingle, 16 NY3d 621 [2011] ).

CLERK

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