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People v. Riddick

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 2011
2011 N.Y. Slip Op. 7185 (N.Y. App. Div. 2011)

Opinion

5714.

Decided on October 13, 2011.

Judgment of resentence, Supreme Court, New York County (Richard D. Carruthers, J.), rendered March 17, 2009, resentencing defendant, as a second felony offender, to an aggregate term of 10 years, with 5 years' postrelease supervision, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Naomi C. Reed of counsel), for respondent.

Catterson, J.P., Richter, Manzanet-Daniels, Román, JJ.


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 ). There is no merit to defendant's argument that a 60-day stay of judgment issued in defendant's article 78 proceeding against the Department of Correctional Services imposed a deadline on the resentencing court.

We have no authority to revisit defendant's prison sentence on this appeal ( see id. at 635).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Riddick

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 2011
2011 N.Y. Slip Op. 7185 (N.Y. App. Div. 2011)
Case details for

People v. Riddick

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOEY RIDDICK…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 13, 2011

Citations

2011 N.Y. Slip Op. 7185 (N.Y. App. Div. 2011)
930 N.Y.S.2d 876