The People of the State of New York, Respondent, v. Lashawn Mackey, Defendant–Appellant.

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Supreme Court, Appellate Division, First Department, New York.

The People of the State of New York, Respondent, v. Lashawn Mackey, Defendant–Appellant.

5783

Decided: October 20, 2011

Gonzalez, P.J., Mazzarelli, Sweeny, Abdus–Salaam, Román, JJ. Steven Banks, The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

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Judgment of resentence, Supreme Court, New York County (Arlene Goldberg, J.), rendered March 26, 2009, resentencing defendant to a term of 23 years, plus 5 years of post-release supervision, unanimously affirmed.

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

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK