Opinion
2012-12-13
The PEOPLE of the State of New York, Respondent, v. Charles RANDOLPH, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Lindsey J. Ramistella of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Lindsey J. Ramistella of counsel), for respondent.
Judgment of resentence, Supreme Court, Bronx County (Margaret Clancy, J.), rendered June 22, 2011, resentencing defendant to an aggregate term of 15 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] ), 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, 926 N.Y.S.2d 4, 949 N.E.2d 952).