People v Vasquez
2015 NY Slip Op 00303 [124 AD3d 444]
January 13, 2015
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 4, 2015


[*1]
 The People of the State of New York, Respondent,
v
Juan Vasquez, Appellant.

Scott A. Rosenberg, The Legal Aid Society, New York (Cheryl Williams of counsel), for appellant.

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

Judgment of resentence, Supreme Court, New York County (Richard D. Carruthers, J.), rendered October 19, 2011, as amended October 26, 2011, resentencing defendant to a term of 12 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 do not find the term imposed to be excessive. Concur—Tom, J.P., Friedman, Acosta, Saxe and Kapnick, JJ.