People v Burke
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People v Burke
2011 NY Slip Op 07736
Decided on November 3, 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 November 3, 2011
Mazzarelli, J.P., Saxe, Acosta, DeGrasse, Manzanet-Daniels, JJ.
5945 1279/03
[*1]The People of the State of New York, Respondent,
v
John Burke, Defendant-Appellant.
Steven Banks, The Legal Aid Society, New York (Cheryl
Williams of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin
of counsel), for respondent.
Decided on November 3, 2011
Mazzarelli, J.P., Saxe, Acosta, DeGrasse, Manzanet-Daniels, JJ.
5945 1279/03
[*1]The People of the State of New York, Respondent,
v
John Burke, Defendant-Appellant.
Steven Banks, The Legal Aid Society, New York (Cheryl
Williams 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 (Thomas Farber, J.), rendered June 15, 2010, resentencing defendant to a term of 8½ years, with 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]).
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: NOVEMBER 3, 2011
CLERK
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