People v Evans
2014 NY Slip Op 02550 [116 AD3d 545]
April 15, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 28, 2014


The People of the State of New York, Respondent,
v
Carlton Evans, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Laura Lieberman Cohen of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Judgment, Supreme Court, New York County (Daniel Conviser, J.), rendered July 31, 2012, resentencing defendant, as a second felony offender, to an aggregate term of 40 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 (People v Lingle, 16 NY3d 621 [2011]). Concur—Tom, J.P., Acosta, Freedman and Kapnick, JJ.