People v Hamby, 2011 NY Slip Op 06588 [87 AD3d 929]

September 27, 2011

Appellate Division, First Department

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Steven Banks, The Legal Aid Society, New York (Cheryl Williams 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 (Daniel P. FitzGerald, J.), rendered June 19, 2009, resentencing defendant to 6½ years, to be followed by 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]). Concur—Andrias, J.P., Sweeny, Moskowitz, Richter and RomÁn, JJ..