New York Supreme and/or Appellate Courts Appellate Division, First Department
March 26, 2013
THE PEOPLE OF THE STATE OF NEW YORK,
People v Benton
Decided on March 26, 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.
Friedman, J.P., Moskowitz, DeGrasse, Richter, Gische, JJ.
Judgment of resentence, Supreme Court, New York County (Richard D. Carruthers, J.), rendered October 26, 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 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MARCH 26, 2013
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