People v Galberth
2013 NY Slip Op 00155 [102 AD3d 487]
January 15, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 27, 2013


The People of the State of New York, Respondent,
v
Gregory Galberth, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Risa Gerson of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Eleanor J. Ostrow of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Lewis Bart Stone, J.), rendered April 6, 2011, resentencing defendant, as a second violent felony offender, 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 Velez, 19 NY3d 642, 647-649 [2012]; People v Lingle, 16 NY3d 621 [2011]). Concur—Saxe, J.P., Renwick, Freedman, Román and Gische, JJ.