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PEOPLE v. PEREZ

2184, 7526/01.

144 A.D.3d 488 (2016)

2016 NY Slip Op 07585

40 N.Y.S.3d 758

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDDIE PEREZ, Appellant.

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

Decided November 15, 2016.

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]).

Defendant's challenge to the voluntariness of the underlying plea is not properly before this Court on this appeal from the judgment of resentence (see People v Toney, 116 A.D.3d 607 [1st Dept 2014], lv denied...

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