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7343-The People of the State of New York v. Tracy Durden

April 12, 2012

7343-THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
TRACY DURDEN,
DEFENDANT-APPELLANT.



People v. Durden

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 April 12, 2012

Mazzarelli, J.P., Catterson, DeGrasse, Manzanet-Daniels, Roman, JJ.

Judgment of resentence, Supreme Court, New York County (Lewis Bart Stone, J.), rendered March 24, 2011, resentencing defendant, as a second violent felony offender, to a 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: APRIL 12, 2012

CLERK

20120412

© 1992-2012 VersusLaw ...

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