Opinion
12-04-2014
The PEOPLE of the State of New York, Respondent, v. James BERRY, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Elon Harpaz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (David E.A. Crowley of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Elon Harpaz of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (David E.A. Crowley of counsel), for respondent.
Opinion
Judgment of resentence, Supreme Court, New York County (Renee A. White, J.), rendered June 26, 2012, as amended June 28, 2012, resentencing defendant to an aggregate term of 35 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 perceive no basis for reducing the term imposed.
TOM, J.P., SWEENY, DeGRASSE, FEINMAN, GISCHE, JJ., concur.