People v Newland

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People v Newland 2011 NY Slip Op 06646 Decided on September 29, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 29, 2011
Tom, J.P., Catterson, Renwick, Freedman, Manzanet-Daniels, JJ.
5596 7606/00

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

v

Wayne Newland, Defendant-Appellant.



 
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.

Judgment of resentence, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered April 23, 2009, resentencing defendant to a term of 10 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 29, 2011

CLERK

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