The People of the State of New York, Respondent, v. Aaron Williams, Defendant–Appellant. (2011)

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

The People of the State of New York, Respondent, v. Aaron Williams, Defendant–Appellant.

5837

Decided: October 25, 2011

Mazzarelli, J.P., Friedman, Catterson, Renwick, Richter, JJ.

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 August 25, 2009, resentencing defendant to a term of 12 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] ). 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] ). We have no authority to revisit defendant's prison sentence on this appeal, and there is no basis upon which to remand for further sentencing proceedings (see id. at 635).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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