Opinion
7357 Ind. 1902/03
10-16-2018
The PEOPLE of the State of New York, Respondent, v. Maxwell ROLON, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Kristina Schwarz, Kew Gardens, of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Kristina Schwarz, Kew Gardens, of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.
Renwick, J.P., Tom, Gesmer, Singh, JJ.
Judgment of resentence, Supreme Court, New York County (Richard D. Carruthers, J.), rendered August 19, 2011, resentencing defendant to a term of 10 years, with five years' postrelease supervision, unanimously affirmed.
The resentencing proceeding imposing a term of postrelease supervision was neither barred by double jeopardy nor otherwise unlawful ( People v. Lingle, 16 N.Y.3d 621, 926 N.Y.S.2d 4, 949 N.E.2d 952 [2011] ).
Defendant's challenge to the voluntariness of his underlying plea may not be raised on this appeal from a judgment of resentence (see People v. Jordan, 16 N.Y.3d 845, 922 N.Y.S.2d 262, 947 N.E.2d 153 [2011] ; People v. Toney, 116 A.D.3d 607, 983 N.Y.S.2d 797 [1st Dept. 2014], lv denied 23 N.Y.3d 1043, 993 N.Y.S.2d 257, 17 N.E.3d 512 [2014] ). In any event, defendant would not be entitled to removal of postrelease supervision from his sentence, which is the only remedy he requests (see id. ).