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People v. Hargrove

Appellate Division of the Supreme Court of New York, First Department
Jun 7, 2011
85 A.D.3d 456 (N.Y. App. Div. 2011)

Opinion

No. 5287.

June 7, 2011.

Judgment of resentence, Supreme Court, New York County (Renee A. White, J.), rendered March 10, 2009, resentencing defendant to a term of three years, with five years ` postrelease supervision, unanimously reversed, on the law, the resentence vacated and the original sentence without postrelease supervision reinstated.

Steven Banks, The Legal Aid Society, New York (Cheryl Williams of counsel), for appellant.

Before: Concur — Mazzarelli, J.P., Sweeny, Moskowitz, Renwick and Román, JJ.


As the People concede, the imposition of postrelease supervision on resentencing violated defendant's right against double jeopardy ( see People v Williams, 14 NY3d 198).


Summaries of

People v. Hargrove

Appellate Division of the Supreme Court of New York, First Department
Jun 7, 2011
85 A.D.3d 456 (N.Y. App. Div. 2011)
Case details for

People v. Hargrove

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID HARGROVE…

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

Date published: Jun 7, 2011

Citations

85 A.D.3d 456 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 4758
924 N.Y.S.2d 265