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PEOPLE v. CRUZ

Nos. 7329, 2136/00.

94 A.D.3d 503 (2012)

941 N.Y.S.2d 502

2012 NY Slip Op 2611

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AUDELIS CRUZ, Appellant.

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

Decided April 10, 2012.

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]). In any event, the resentencing proceeding was superfluous. Although the original commitment sheet did not mention PRS, the original sentencing court had imposed it orally, notwithstanding the court's trivial error in terminology (see People v McFarland...

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