Legal Opinion

People v. Javier

Appellate Division of the Supreme Court of the State of New York

Decided April 12, 2012Published

1Opinion of the Court

Judgment of resentence, Supreme Court, New York County (Lewis Bart Stone, J), rendered June 24, 2010, resentencing defendant, as a second felony offender, to a term of nine 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 (see People v Lingle, 16 NY3d 621 [2011]). Defendant’s remaining claim is procedurally barred (see People v Jordan, 16 NY3d 845 [2011]; People v Harper, 85 AD3d 617 [2011], lv denied 17 NY3d 903 [2011]), and is without merit…

2Cases cited3 opinions

  1. People v. LingleNew York Court of Appeals · 2011
  2. People v. JordanNew York Court of Appeals · 2011
  3. People v. HarperAppellate Division of the Supreme Court of the State of New York · 2011

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