Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

The People of the State of New York v. Francisco Javier

New York Supreme and/or Appellate Courts Appellate Division, First Department


April 12, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
FRANCISCO JAVIER,
DEFENDANT-APPELLANT.

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 [2011]). Defendant's remaining claim is procedurally barred (see People v Jordan, 16 NY3d 845 [2011]; People v Harper, 85 AD3d 617 [2011], lv denied 17 NY3d 903 [2011]), 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

CLERK

20120412

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.