People v Gardner
2014 NY Slip Op 00945 [114 AD3d 499]
February 13, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 26, 2014


The People of the State of New York, Respondent,
v
Bernard Gardner, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Kristina Schwarz 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 (Bruce Allen, J.), rendered January 18, 2012, resentencing defendant, as a second felony offender, to a term of 13 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., Andrias, Saxe, Freedman and Feinman, JJ.