People v Alleyne

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People v Alleyne 2011 NY Slip Op 08657 Decided on November 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 November 29, 2011
Saxe, J.P., Friedman, Renwick, DeGrasse, Freedman, JJ.
6190 1464/01

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

v

Shariff Alleyne, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Amy Donner
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 (Arlene Silverman, J.), rendered December 3, 2008, resentencing defendant to concurrent terms of eight years, with four 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: NOVEMBER 29, 2011

CLERK

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