Opinion
2011-10-18
The PEOPLE of the State of New York, Respondent,v.Joseph HORLBACK, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno 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 (Carol Berkman, J.), rendered April 29, 2009, resentencing defendant to a term of 15 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. We have no authority to revisit defendant's prison sentence on this *219 appeal ( see id. at 635, 926 N.Y.S.2d 4, 949 N.E.2d 952).
SAXE, J.P., FRIEDMAN, MOSKOWITZ, FREEDMAN, RICHTER, JJ., concur.