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The People of the State of New York v. Harold Jones

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


December 6, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
HAROLD JONES,
DEFENDANT-APPELLANT.

People v Jones

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 December 6, 2012

Gonzalez, P.J., Sweeny, Richter, Roman, Clark, JJ.

Judgment of resentence, Supreme Court, New York County (Carol Berkman, J.), rendered July 27, 2010, resentencing defendant to a term of 10 years, with 5 years' postrelease supervision, unanimously affirmed.

The resentencing proceeding imposing a term of postrelease supervision (PRS) was neither barred by double jeopardy nor otherwise unlawful (see People v Lingle, 16 NY3d 621 [2011]).

Defendant's challenge to the voluntariness of the underlying 2003 guilty plea may not be raised on this appeal from the judgment of resentence (see People v Jordan, 16 NY3d 845 [2011]; see also CPL 450.30[3]), and defendant is not entitled to specific performance of his original plea bargain, which did not mention a term of PRS (see People v Harper, 85 AD3d 617 [2011], lv denied 17 NY3d 903 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 6, 2012

CLERK

20121206

© 1992-2012 VersusLaw Inc.



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