People v Gillespie

People v Gillespie 2011 NY Slip Op 07283 Decided on October 18, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 18, 2011
Mazzarelli, J.P., Moskowitz, Acosta, Renwick, DeGrasse, JJ.
1255/99 5743

[*1]5742-The People of the State of New York, Respondent,

v

Anthony Gillespie, Defendant-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 (Alan Gadlin
of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered November 4, 2009, resentencing defendant to a term of 15 years, with 5 years' postrelease supervision, unanimously affirmed.

The resentencing proceeding imposing the mandatory minimum term of postrelease supervision was neither barred by double jeopardy nor otherwise unlawful (see People v Lingle, 16 NY3d
621 [2011]). We have no authority to revisit defendant's prison sentence on this appeal (see id. at 635).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 18, 2011

CLERK