People v Swinton

People v Swinton 2012 NY Slip Op 05248 Decided on June 28, 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 28, 2012
Saxe, J.P., Friedman, Renwick, DeGrasse, Richter, JJ. 8041-
8042 8586/99

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

v

Timothy Swinton, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Cheryl
Williams of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Yuval
Simchi-Levi of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Richard D. Carruthers, J.), rendered March 27, 2009, resentencing defendant to concurrent terms of nine years, to be followed by five years' postrelease supervision, unanimously affirmed. Appeal from order, same court and Justice, entered on or about April 21, 2010, which denied defendant's CPL 440.20 motion to set aside the resentence, unanimously dismissed as academic.

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 was resentenced prior to the maximum expiration date of his
single aggregated sentence (see People v Wilson, 92 AD3d 512 [2012]).

We perceive no basis for reducing the term of postrelease supervision.

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

ENTERED: JUNE 28, 2012

DEPUTY CLERK