People v Sims, 2011 NY Slip Op 07347 [88 AD3d 548]

October 20, 2011

Appellate Division, First Department

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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 (Richard D. Carruthers, J.), rendered May 26, 2009, resentencing defendant to an aggregate term of 25 years, with five 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]). We have no authority to revisit defendant’s prison sentence on this appeal ( see id. at 635). Concur—Gonzalez, P.J., Mazzarelli, Sweeny, Abdus-Salaam and RomÁn, JJ..