New York Supreme and/or Appellate Courts Appellate Division, First Department
January 15, 2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, ----
GREGORY GALBERTH, DEFENDANT-APPELLANT.
People v Galberth
Decided on January 15, 2013
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., Renwick, Freedman, Roman, Gische, JJ.
Judgment of resentence, Supreme Court, New York County (Lewis Bart Stone, J.), rendered April 6, 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 Velez, 19 NY3d 642, 647-649 ; People v Lingle, 16 NY3d 621 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JANUARY 15, 2013
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