People v Delmoral
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People v Delmoral 2011 NY Slip Op 06539 Decided on September 22, 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 September 22, 2011
Saxe, J.P., Friedman, Acosta, DeGrasse, Abdus-Salaam, JJ.
4658/04 5560
[*1]5559-The People of the State of New York, Respondent,
v
David Delmoral, 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.
Decided on September 22, 2011
Saxe, J.P., Friedman, Acosta, DeGrasse, Abdus-Salaam, JJ.
4658/04 5560
[*1]5559-The People of the State of New York, Respondent,
v
David Delmoral, 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 (Daniel FitzGerald, J.), rendered July 17, 2009, resentencing defendant to a term of 6 years, with 2½ 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]).
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: SEPTEMBER 22, 2011
CLERK
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