Opinion
2011-09-27
The PEOPLE of the State of New York, Respondent,v.Miguel COUVERTIER, Defendant–Appellant.
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.
Judgment of resentence, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered June 19, 2009, resentencing defendant to a term of 8 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.
ANDRIAS, J.P., SWEENY, MOSKOWITZ, RICHTER, ROMÁN, JJ., concur.