People v Henderson
2012 NY Slip Op 06264 [98 AD3d 895]
September 25, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 24, 2012


The People of the State of New York, Respondent,
v
Jerome Henderson, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Kristina Schwarz 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 (Renee A. White, J.), rendered November 16, 2010, resentencing defendant to concurrent determinate terms of 15 and 10 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]). We have no authority to revisit defendant's prison sentence on this appeal (see id. at 635). Concur—Andrias, J.P., Sweeny, Moskowitz, Freedman and Richter, JJ.