People v Perkins
2012 NY Slip Op 06755 [99 AD3d 490]
October 9, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2012


The People of the State of New York, Respondent,
v
Lawrence Perkins, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Richard Joselson 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 (Daniel FitzGerald, J.), rendered May 1, 2009, resentencing defendant to a term of 12 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—Saxe, J.P., Sweeny, Richter, Abdus-Salaam and Román, JJ.