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People v. Peralta

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 2011
87 A.D.3d 939 (N.Y. App. Div. 2011)

Opinion

No. 5590.

September 29, 2011.

Judgment of resentence, Supreme Court, New York County (Gregory Carro, J.), rendered March 24, 2010, as amended April 1, 2010, resentencing defendant to a term of 10 years, with three years' postrelease supervision, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

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

Before: Tom, J.P., Catterson, Renwick, Freedman and Manzanet-Daniels, 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. We have no authority to revisit defendant's prison sentence on this appeal ( see id. at 635).


Summaries of

People v. Peralta

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 2011
87 A.D.3d 939 (N.Y. App. Div. 2011)
Case details for

People v. Peralta

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSCAR PERALTA…

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

Date published: Sep 29, 2011

Citations

87 A.D.3d 939 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 6641
929 N.Y.S.2d 859