People v Machado
2013 NY Slip Op 02151 [104 AD3d 619]
March 28, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 24, 2013


The People of the State of New York, Respondent,
v
Felix Machado, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno 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 (Lewis Bart Stone, J.), rendered October 20, 2011, as amended November 15, 2011, resentencing defendant to an aggregate term of 15 years, to be followed by 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—Tom, J.P., Acosta, Saxe, Freedman and Feinman, JJ.