People v Melendez

People v Melendez 2011 NY Slip Op 08967 Decided on December 13, 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 December 13, 2011
Gonzalez, P.J., Friedman, Moskowitz, Acosta, Richter, JJ. 6294-
7567/02 6294A 675/03

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

v

Cesar Melendez, 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.

Judgments of resentence, Supreme Court, New York County (Rena K. Uviller, J.), rendered November 4, 2009, as amended December 8, 2009, resentencing defendant to concurrent terms of 7 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: DECEMBER 13, 2011

CLERK