People v Melendez
2011 NY Slip Op 08967 [90 AD3d 474]
Dcmbr 13, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


The People of the State of New York, Respondent,
v
Cesar Melendez, Appellant.

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

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Judgments of resentence, Supreme Court, New York County (Rena K. Uviller, J.), rendered November 4, 2009, as amended December 8, 2009, resentencing defendant to concurrent terms of seven 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]). Concur—Gonzalez, P.J., Friedman, Moskowitz, Acosta and Richter, JJ.