Opinion
No. 5539.
September 22, 2011.
Judgment of resentence, Supreme Court, New York County (Carol Berkman, J.), rendered December 16, 2009, as amended December 22, 2009, resentencing defendant to a term of seven years, with five years' postrelease supervision, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Cheryl Williams of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Before: Saxe, J.P., Friedman, Acosta, DeGrasse and Abdus-Salaam, 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), and we do not find that term to be excessive.