People v Riddick, 2011 NY Slip Op 07185 [88 AD3d 516]

October 13, 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 (Naomi C. Reed of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Richard D. Carruthers, J.), rendered March 17, 2009, resentencing defendant, as a second felony offender, to an aggregate term of 10 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]). There is no merit to defendant’s argument that a 60-day stay of judgment issued in defendant’s CPLR article 78 proceeding against the Department of Correctional Services imposed a deadline on the resentencing court.

We have no authority to revisit defendant’s prison sentence on this appeal ( see id . at 635). Concur—Catterson, J.P., Richter, Manzanet-Daniels and RomÁn, JJ..