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PEOPLE v. SWINTON

8041, 8042, 8586/99.

96 A.D.3d 681 (2012)

946 N.Y.S.2d 863

2012 NY Slip Op 5248

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY SWINTON, Appellant.

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

June 28, 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]). Defendant was resentenced prior to the maximum expiration date of his single aggregated sentence (see People v Wilson, 92 A.D.3d 512 [2012]).

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