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PEOPLE v. SIMMONS

11716, 3753/99

114 A.D.3d 491 (2014)

979 N.Y.S.2d 810

2014 NY Slip Op 936

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEVON SIMMONS, Appellant.

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

Decided February 13, 2014.

Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered February 17, 2012, resentencing defendant to an aggregate term of 18 years, with five years' postrelease supervision, unanimously affirmed.

The resentencing proceeding imposing a term of postrelease supervision was neither barred by double jeopardy nor otherwise unlawful (People v Lingle, 16 N.Y.3d 621 [2011]).

We perceive no basis for reducing...

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