People v Burgess
2011 NY Slip Op 06985 [88 AD3d 469]
October 6, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2011


The People of the State of New York, Respondent,
v
Jamel Burgess, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Laura Lieberman Cohen of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Rena K. Uviller, J.), rendered June 30, 2009, resentencing defendant to an aggregate term of eight 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]). Defendant may not challenge the voluntariness of his underlying guilty plea on this appeal (see People v Jordan, 16 NY3d 845 [2011]). Concur—Tom, J.P., Saxe, DeGrasse, Freedman and RomÁn, JJ.