Opinion
5897.
Decided on November 1, 2011.
Order, Supreme Court, New York County (Carol Berkman, J.), entered on or about December 7, 2010, which denied defendant's CPL 440.20 motion to set aside a resentence of the same court (Charles J. Tejada, J.), rendered September 16, 2008, resentencing him to a term of 8 years, with 5 years' postrelease supervision, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Lisa A. Packard of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Gonzalez, P.J., Tom, Sweeny, Renwick, Román, JJ.
The court properly denied defendant's motion to set aside the resentencing. 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 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.