| People v Rivera |
| 2014 NYSlipOp 07098 [121 AD3d 539] |
| October 21, 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 Michael Rivera, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi-Levi of counsel), for respondent.
Judgment of resentence, Supreme Court, New York County (Maxwell Wiley, J.), rendered July 25, 2012, resentencing defendant to an aggregate term of 25 years to life, and imposing an aggregate term of five years' postrelease supervision as to certain convictions, 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]).
We perceive no basis for reducing the terms of postrelease supervision. In any event, defendant has not identified any useful purpose to be served by such a reduction, given that his lifetime parole on his murder conviction would remain in place. Concur—Tom, J.P., Renwick, Moskowitz and Kapnick, JJ.