Opinion
2011-10-13
The PEOPLE of the State of New York, Respondent,v.Joey RIDDICK, 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 (Naomi C. Reed of counsel), for respondent.
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.
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] ). 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, 926 N.Y.S.2d 4, 949 N.E.2d 952).
CATTERSON, J.P., RICHTER, MANZANET–DANIELS, ROMÁN, JJ., concur.