Opinion
5714.
Decided on October 13, 2011.
Judgment of resentence, Supreme Court, New York County (Richard D. Carruthers, J.), rendered March 17, 2009, resentencing defendant, as a second felony offender, to an aggregate term of 10 years, with 5 years' postrelease supervision, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Naomi C. Reed of counsel), for respondent.
Catterson, J.P., Richter, Manzanet-Daniels, Román, 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 ). There is no merit to defendant's argument that a 60-day stay of judgment issued in defendant's article 78 proceeding against the Department of Correctional Services imposed a deadline on the resentencing court.
We have no authority to revisit defendant's prison sentence on this appeal ( see id. at 635).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.