People v Rodriguez

2011 NY Slip Op 07361 [88 AD3d 557]

October 20, 2011

Appellate Division, First Department

As corrected through Wednesday, December 7, 2011

The People of the State of New York,Respondent, v Vincent Rodriguez, Appellant.

—[*1]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), forrespondent.

Judgment of resentence, Supreme Court, New York County (Daniel P. FitzGerald, J.),rendered June 2, 2010, as amended July 22, 2010, resentencing defendant to an aggregate term of10 years, with five years' postrelease supervision, unanimously affirmed.

The resentencing proceeding imposing a term of postrelease supervision was neither barredby double jeopardy nor otherwise unlawful (see People v Lingle, 16 NY3d 621 [2011]). We have no authorityto revisit defendant's prison sentence on this appeal (see id. at 635).Concur—Gonzalez, P.J., Mazzarelli, Sweeny, Abdus-Salaam and RomÁn, JJ.