Opinion
2012-04-12
The PEOPLE of the State of New York, Respondent, v. Francisco JAVIER, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Nancy E. Little of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Nancy E. Little of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for respondent.
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 9 years, with 5 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 N.Y.3d 621, 926 N.Y.S.2d 4, 949 N.E.2d 952 [2011] ). Defendant's remaining claim is procedurally barred ( see People v. Jordan, 16 N.Y.3d 845, 922 N.Y.S.2d 262, 947 N.E.2d 153 [2011]; People v. Harper, 85 A.D.3d 617, 925 N.Y.S.2d 816 [2011], lv. denied 17 N.Y.3d 903, 933 N.Y.S.2d 658, 957 N.E.2d 1162 [2011] ), and is without merit in any event.