Opinion
2012-03-27
Steven Banks, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Heidi Bota 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 January 20, 2009, resentencing defendant, as a second violent felony offender, to an aggregate term of 15 years, with 5 years' postrelease supervision, unanimously affirmed.
The resentencing proceeding imposing a term of postrelease supervision did not violate due process, and it was not otherwise unlawful ( see People v. Lingle, 16 N.Y.3d 621, 926 N.Y.S.2d 4, 949 N.E.2d 952 [2011] ). We have no authority to revisit defendant's prison sentence on this appeal ( see id. at 635, 926 N.Y.S.2d 4, 949 N.E.2d 952).