People v Pitman

People v Pitman 2011 NY Slip Op 06654 Decided on September 29, 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 29, 2011
Tom, J.P., Catterson, Renwick, Freedman, Manzanet-Daniels, JJ. 5608-
5608A 4817/02 7799/02

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

v

Lionel Pitman, 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.

Judgments of resentence, Supreme Court, New York County (Roger S. Hayes, J.), rendered November 20, 2009, resentencing defendant to an aggregate term of 10 years, with an aggregate term of 5 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 that term to be excessive. 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: SEPTEMBER 29, 2011

CLERK