The People of the State of New York, Respondent, v. Jemel McCaskill, etc., Defendant–Appellant.

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

The People of the State of New York, Respondent, v. Jemel McCaskill, etc., Defendant–Appellant.

5797

Decided: October 20, 2011

Tom, J.P., Andrias, Catterson, Acosta, Renwick, JJ. Steven Banks, The Legal Aid Society, New York (Cheryl Williams 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, (Michael J. Obus, J.), rendered October 29, 2009, resentencing defendant to a term of 11 years, with 5 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] ).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK