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PEOPLE v. JENKINS
Appellate Division of the Supreme Court of New York, First Department.
Jun 21, 2011
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The resentencing proceeding imposing a term of postrelease supervision (PRS) was not barred by double jeopardy, since defendant was still serving his prison sentence at that time ( People v Lingle, 16 NY3d 621). Defendant's remaining challenges to his resentencing are without merit ( id.).
Defendant also argues that he should be permitted to withdraw his guilty plea on the ground that the plea court inadequately advised him of the PRS portion of his sentence ( see People v Catu, 4 NY3d 242). That claim is not properly before this Court on this appeal from the judgment of resentence ( see People v Jordan, 16 NY3d 845).
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