People v Smith
2017 NY Slip Op 08310 [155 AD3d 542]
November 28, 2017
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 3, 2018


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

Seymour W. James, Jr., The Legal Aid Society, New York (Denise Fabiano of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (David M. Cohn of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Renee A. White, J.), rendered May 31, 2011, resentencing defendant to an aggregate term of 12 years, with 4 years' postrelease supervision, unanimously affirmed.

The resentencing proceeding was neither barred by double jeopardy nor otherwise unlawful (see People v Lingle, 16 NY3d 621 [2011]). We perceive no basis for reducing the term of postrelease supervision imposed. Concur—Richter, J.P., Kapnick, Webber, Oing and Singh, JJ.