| People v Smith |
| 2014 NY Slip Op 08507 [123 AD3d 464] |
| December 4, 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 Collie Smith, Appellant. |
Steven Banks, The Legal Aid Society, New York (Elon Harpaz of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Marianne Stracquadanio of counsel), for respondent.
Judgment of resentence, Supreme Court, Bronx County (Richard Lee Price, J.), rendered February 27, 2012, resentencing defendant to a 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 (see People v Lingle, 16 NY3d 621 [2011]), and we perceive no basis for reducing the term imposed. Concur—Friedman, J.P., Acosta, Moskowitz, Richter and Clark, JJ.