SCI v. Jamel Burgess, Defendant–Appellant. (2011)

Supreme Court, Appellate Division, First Department, New York.

The People of the State of New York, SCI / Respondent, v. Jamel Burgess, Defendant–Appellant.

5650 5439 02

Decided: October 06, 2011

Tom, J.P., Saxe, DeGrasse, Freedman, Román, JJ.

Steven Banks, The Legal Aid Society, New York (Laura Lieberman Cohen of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Rena K. Uviller, J.), rendered June 30, 2009, resentencing defendant to an aggregate term of 8 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 NY3d 621 [2011] ). Defendant may not challenge the voluntariness of his underlying guilty plea on this appeal (see People v. Jordan, 16 NY3d 845 [2011] ).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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