People v Jenkins

People v Jenkins 2012 NY Slip Op 04391 Decided on June 7, 2012 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 June 7, 2012
Gonzalez, P.J., Friedman, Renwick, Manzanet-Daniels, Román, JJ.
7863 9370/98

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

v

Taiwu Jenkins, etc., Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Heidi Bota of
counsel), for appellant.
Taiwu Jenkins, appellant pro se.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin
of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Ruth Pickholz, J.), rendered June 2, 2010, resentencing defendant, as a second felony offender, to two consecutive terms of 25 years, with an aggregate period 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]). Defendant's argument regarding the calculation of his PRS term does not require any action by this court. Defendant's pro se claims are both procedurally defective and without merit.

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

ENTERED: JUNE 7, 2012

CLERK