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People v. Mixon

Appellate Division of the Supreme Court of New York, First Department
Sep 22, 2011
87 A.D.3d 919 (N.Y. App. Div. 2011)

Opinion

No. 5554.

September 22, 2011.

Judgment of resentence, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered February 4, 2009, resentencing defendant to an aggregate term of 12 years, with five years' postrelease supervision, unanimously affirmed.

Richard M. Greenberg, Office of the Appellate Defender, New York (Sara Gurwitch 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). We have no authority to revisit defendant's prison sentence on this appeal ( see id. at 635).


Summaries of

People v. Mixon

Appellate Division of the Supreme Court of New York, First Department
Sep 22, 2011
87 A.D.3d 919 (N.Y. App. Div. 2011)
Case details for

People v. Mixon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES MIXON, Appellant

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

Date published: Sep 22, 2011

Citations

87 A.D.3d 919 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 6535
929 N.Y.S.2d 737