Opinion
2011-09-29
Richard M. Greenberg, Office of the Appellate Defender, New York (Alexandra Keeling 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 (Gregory Carro, J.), rendered December 18, 2008, as amended January 9, 2009, resentencing defendant to an aggregate term of 9 years, with an aggregate term of 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 *861 appeal ( see id. at 635, 926 N.Y.S.2d 4, 949 N.E.2d 952).
TOM, J.P., CATTERSON, RENWICK, FREEDMAN, MANZANET–DANIELS, JJ.