neutral
Cited (no substantive treatment)
0.3 score
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Francisco Javier
v.
Francisco Javier
Appellate Division of the Supreme Court of the State of New York.
Apr 12, 2012.
Published
Judgment of resentence, Supreme Court, New York County (Lewis Bart Stone, J), rendered June 24, 2010, resentencing defendant, as a second felony offender, to a term of nine years, with five years’ postrelease supervision, unanimously affirmed.
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 [2011]). Defendant’s remaining claim is procedurally barred (see People v Jordan, 16 NY3d 845 [2011]; People v Harper, 85 AD3d 617 [2011], lv denied 17 NY3d 903 [2011]), and is without merit in any event. Concur — Saxe, J.P., Sweeny, Moskowitz, Renwick and AbdusSalaam, JJ.