People v Nieves, 2011 NY Slip Op 08644 [89 AD3d 637]

November 29, 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.

Robert T. Johnson, District Attorney, Bronx (Justin J. Braun of counsel), for respondent.

Judgment of resentence, Supreme Court, Bronx County (Barbara F. Newman, J.), rendered August 26, 2009, resentencing defendant, as a second felony offender, to a term of 13 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—Mazzarelli, J.P., Andrias, Friedman, Catterson and Freedman, JJ..