People v Villanueva
2012 NY Slip Op 04835 [96 AD3d 542]
June 14, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


The People of the State of New York, Respondent,
v
Nelson Villanueva, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Heidi Bota 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 (Charles H. Solomon, J.), rendered July 27, 2010, resentencing defendant, as a second violent felony offender, to a 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]). Concur—Andrias, J.P., Friedman, Sweeny, Manzanet-Daniels and Román, JJ.