People v Jones

2012 NY Slip Op 08415 [101 AD3d 440]

December 6, 2012

Appellate Division, First Department

As corrected through Wednesday, February 6, 2013

The People of the State of New York,Respondent, v Harold Jones, Appellant.

—[*1]Steven Banks, The Legal Aid Society, New York (Kristina Schwarz of counsel), forappellant.

Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel), forrespondent.

Judgment of resentence, Supreme Court, New York County (Carol Berkman, J.), renderedJuly 27, 2010, resentencing defendant to a term of 10 years, with five years' postreleasesupervision, unanimously affirmed.

The resentencing proceeding imposing a term of postrelease supervision (PRS) was neitherbarred by double jeopardy nor otherwise unlawful (see People v Lingle, 16 NY3d 621 [2011]).

Defendant's challenge to the voluntariness of the underlying 2003 guilty plea may not beraised on this appeal from the judgment of resentence (see People v Jordan, 16 NY3d 845 [2011]; see also CPL450.30 [3]), and defendant is not entitled to specific performance of his original plea bargain,which did not mention a term of PRS (see People v Harper, 85 AD3d 617 [2011], lv denied 17NY3d 903 [2011]). Concur—Gonzalez, P.J., Sweeny, Richter, Román and Clark, JJ.