People v Guity
2012 NY Slip Op 08076 [100 AD3d 562]
November 27, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


The People of the State of New York, Respondent,
v
Crispin Guity, Appellant.

[*1] Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Lindsey J. Ramistella of counsel), for respondent.

Judgment of resentence, Supreme Court, Bronx County (Dominic R. Massaro, J.), rendered July 18, 2011, resentencing defendant to an aggregate 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 Velez, 19 NY3d 642, 647-649 [2012]; People v Lingle, 16 NY3d 621 [2011]). Concur—Tom, J.P., Saxe, Richter, Abdus-Salaam and Feinman, JJ. [Prior Case History: 31 Misc 3d 1239(A), 2011 NY Slip Op 51045(U).]