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PEOPLE v. GARDNER

13510, 807/02

122 A.D.3d 485 (2014)

995 N.Y.S.2d 507

2014 NY Slip Op 07949

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN GARDNER, Appellant.

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

Decided November 18, 2014.

Judgment of resentence, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered February 17, 2012, resentencing defendant to an aggregate term of 15 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

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