| People v Montgomery |
| 2014 NYSlipOp 06917 [121 AD3d 501] |
| October 14, 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 Robert Montgomery, 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 (Ronald Zweibel, J.), rendered July 16, 2010, resentencing defendant, as a second violent felony offender, to a term of 10 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—Tom, J.P., Sweeny, Renwick, Andrias and Clark, JJ.