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PEOPLE v. MIKUS

2008-09703.

83 A.D.3d 737 (2011)

919 N.Y.S.2d 872

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAUS MIKUS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 5, 2011.

Ordered that the resentence is reversed, on the law, the period of postrelease supervision is vacated, and the original sentence imposed on February 7, 2006, is reinstated.

As held by the Court of Appeals in People v Williams (14 N.Y.3d 198, 217 [2010], cert denied 562 US __, 131 S.Ct. 125 [2010]), "the Double Jeopardy Clause prohibits a...

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