People v Harmon

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People v Harmon 2011 NY Slip Op 06591 Decided on September 27, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 27, 2011
Andrias, J.P., Sweeny, Moskowitz, Richter, Román, JJ.
5575 700/99

[*1]The People of the State of New York, Respondent,

v

Joseph Harmon, Defendant-Appellant.



 
Steven A. Banks, The Legal Aid Society, New York (Heidi Bota
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 (Charles H. Solomon, J.), rendered March 30, 2009, resentencing defendant to an aggregate term of 12 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.

ENTERED: SEPTEMBER 27, 2011

CLERK

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