Opinion
2013-10-17
The PEOPLE of the State of New York, Respondent, v. Demond TYLER, 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 (Alan Gadlin of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno 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 (Bonnie G. Wittner, J.), rendered July 25, 2012, as amended August 15, 2012, resentencing defendant, as a second felony offender, to an aggregate term of 35 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] ).