People v Peralta
2011 NY Slip Op 06641 [87 AD3d 939]
September 29, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2011


The People of the State of New York, Respondent,
v
Oscar Peralta, Appellant.

—[*1] 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 (Gregory Carro, J.), rendered March 24, 2010, as amended April 1, 2010, resentencing defendant to a term of 10 years, with three 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]), and we do not find that term to be excessive. We have no authority to revisit defendant's prison sentence on this appeal (see id. at 635). Concur—Tom, J.P., Catterson, Renwick, Freedman and Manzanet-Daniels, JJ.