People v Tyler
2013 NY Slip Op 06800 [110 AD3d 536]
October 17, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 27, 2013


The People of the State of New York, Respondent,
v
Demond Tyler, 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 (Bonnie G. Wittner, J.), rendered July 25, 2012, as amended August 15, 2012, resentencing defendant, as a second felony offender, to an aggregate term of 35 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]). Concur—Acosta, J.P., Saxe, Renwick, DeGrasse and Richter, JJ.