People v Gillespie
2011 NY Slip Op 07283 [88 AD3d 539]
October 18, 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
Anthony Gillespie, 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 (A. Kirke Bartley, J.), rendered November 4, 2009, resentencing defendant to a term of 15 years, with five years' postrelease supervision, unanimously affirmed.

The resentencing proceeding imposing the mandatory minimum 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., Moskowitz, Acosta, Renwick and DeGrasse, JJ.