People v Winter
Annotate this Case
People v Winter
2011 NY Slip Op 07382
Decided on October 20, 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 October 20, 2011
Tom, J.P., Andrias, Catterson, Acosta, Renwick, JJ.
5806 5432/00
[*1]The People of the State of New York, Respondent,
v
Elvis Winter, Defendant-Appellant.
Steven 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.
Decided on October 20, 2011
Tom, J.P., Andrias, Catterson, Acosta, Renwick, JJ.
5806 5432/00
[*1]The People of the State of New York, Respondent,
v
Elvis Winter, Defendant-Appellant.
Steven 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 (Lewis Bart Stone, J.), rendered November 19, 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.
ENTERED: OCTOBER 20, 2011
CLERK
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