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The People of the State of New York v. Charles Randolph

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


December 13, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
CHARLES RANDOLPH,
DEFENDANT-APPELLANT.

People v Randolph

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 13, 2012

Gonzalez, P.J., Mazzarelli, Acosta, Roman, JJ.

Judgment of resentence, Supreme Court, Bronx County (Margaret Clancy, J.), rendered June 22, 2011, resentencing defendant to an aggregate term of 15 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]), and we do not find that term to be excessive. We have no authority to revisit defendant's prison sentence on this appeal (see id. at 635).

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

ENTERED: DECEMBER 13, 2012

CLERK

20121213

© 1992-2012 VersusLaw Inc.



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