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People v. Handberry

Appellate Division of the Supreme Court of New York, First Department
Sep 22, 2011
87 A.D.3d 918 (N.Y. App. Div. 2011)

Opinion

No. 5548.

September 22, 2011.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered May 20, 2009, resentencing defendant to a term of six years, with five years' postrelease supervision, unanimously affirmed.

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

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Before: Saxe, J.P., Friedman, Acosta, DeGrasse and Abdus-Salaam, JJ.


The resentencing proceeding imposing a term of postrelease supervision was neither barred by double jeopardy nor otherwise unlawful ( see People v Lingle, 16 NY3d 621), and we do not find that term to be excessive.


Summaries of

People v. Handberry

Appellate Division of the Supreme Court of New York, First Department
Sep 22, 2011
87 A.D.3d 918 (N.Y. App. Div. 2011)
Case details for

People v. Handberry

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY HANDBERRY…

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

Date published: Sep 22, 2011

Citations

87 A.D.3d 918 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 6531
929 N.Y.S.2d 737