New York Supreme and/or Appellate Courts Appellate Division, First Department
April 12, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
People v Javier
Decided on April 12, 2012
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.
Saxe, J.P., Sweeny, Moskowitz, Renwick, Abdus-Salaam, JJ.
Judgment of resentence, Supreme Court, New York County (Lewis Bart Stone, J.), rendered June 24, 2010, resentencing defendant, as a second felony offender, to a term of 9 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 ). Defendant's remaining claim is procedurally barred (see People v Jordan, 16 NY3d 845 ; People v Harper, 85 AD3d 617 , lv denied 17 NY3d 903 ), and is without merit in any event.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: APRIL 12, 2012
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