Supreme Court, Appellate Division First Department
SUPREME COURT, APPELLATE DIVISION FIRST DEPARTMENT JUNE 7, 2011 THE COURT ANNOUNCES THE FOLLOWING DECISIONS: Gonzalez, P.J., Tom, Andrias, Moskowitz, Freedman, JJ. 5047 The People of the State of New York, Ind. 714/00 Respondent, -against- Bobby Perez, Defendant-Appellant. _________________________ Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Bari L. Kamlet of counsel), for respondent. _________________________ Judgment of resentence, Supreme Court, Bronx County (Margaret L. Clancy, J.), rendered April 23, 2010, resentencing defendant to an aggregate term of 12 years, with 5 years’ postrelease supervision, unanimously affirmed. The resentencing proceeding imposing a term of postrelease supervision was not barred by double jeopardy since defendant was still serving his prison term at that time and had no reasonable expectation of finality in his illegal sentence (People v Lingle, __ NY3d __, 2011 NY Slip Op 03308 [Apr 28, 2011]). We have considered and rejected defendant’s due process argument. Defendant’s remaining challenges to his resentencing are similar to arguments that were rejected in People v Williams (14 NY3d 198 [2010], cert denied __ US __, 131 SCt 125 [2010]). We perceive no basis for reducing the sentence. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: JUNE 7, 2011 _______________________ CLERK 2 Tom, J.P., Friedman, Catterson, Renwick, Abdus-Salaam, JJ. 3937 The Goldman Sachs Group, Inc., Index 602060/09 Plaintiff-Appellant, Goldman, Sachs & Co., Plaintiff, -against- Almah LLC, Defendant-Respondent. _________________________ Morrison Cohen LLP, New York (Mary E.
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