| People v Henderson |
| 2014 NYSlipOp 06676 [121 AD3d 430] |
| October 2, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v James Henderson, Appellant. |
Richard M. Greenberg, Office of the Appellate Defender, New York (Molly Booth 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 (Daniel P. FitzGerald, J.), rendered March 2, 2012, resentencing defendant, as a second violent felony offender, to an aggregate term of 18 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., Friedman, Acosta, DeGrasse and Gische, JJ.