People v Palmer

People v Palmer 2013 NY Slip Op 06943 Decided on October 24, 2013 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 October 24, 2013
Andrias, J.P., Friedman, Acosta, DeGrasse, Freedman, JJ.
10852 1983/00

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

v

Devrol Palmer, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Mark W. Zeno of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Catherine M. Reno
of counsel), for respondent.

Judgment of resentence, Supreme Court, Bronx County (Caesar Cirigliano, J.), rendered March 14, 2011, resentencing defendant to a term of 17 years, with five 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.

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

ENTERED: OCTOBER 24, 2013

CLERK