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

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

The People of the State of New York, Respondent, v. Tyrone Robinson, Defendant–Appellant.

5897

Decided: November 01, 2011

Gonzalez, P.J., Tom, Sweeny, Renwick, Román, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Lisa A. Packard of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Order, Supreme Court, New York County (Carol Berkman, J.), entered on or about December 7, 2010, which denied defendant's CPL 440.20 motion to set aside a resentence of the same court (Charles J. Tejada, J.), rendered September 16, 2008, resentencing him to a term of 8 years, with 5 years' postrelease supervision, unanimously affirmed.

The court properly denied defendant's motion to set aside the resentencing. 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] ).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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