Legal Opinion

People v. Perez

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

Decided November 15, 2016No. 2184 7526/01Published

1Opinion of the Court

Judgment of resen- tence, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered April 25, 2012, resentencing defendant to a term of five 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]).

Defendant’s challenge to the voluntariness of the underlying plea is not properly before this Court on this appeal from the judgment of resentence (see People v Toney, 116 AD3d 607 [1st Dept 2014], Iv denied 23…

2Cases cited2 opinions

  1. People v. LingleNew York Court of Appeals · 2011
  2. People v. ToneyAppellate Division of the Supreme Court of the State of New York · 2014

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