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People v. Johnson

Supreme Court of New York, First Department

October 29, 2013

The People of the State of New York, Respondent,
v.
Michael Johnson, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Friedman, J.P., Sweeny, Acosta, Manzanet-Daniels, JJ.

Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered June 1, 2012, resentencing defendant, as a second violent felony offender, 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 N.Y.3d 621 [2011]).


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