People v Mixon

People v Mixon 2011 NY Slip Op 06535 Decided on September 22, 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 September 22, 2011
Saxe, J.P., Friedman, Acosta, DeGrasse, Abdus-Salaam, JJ.
5554 10816/98

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

v

James Mixon, Defendant-Appellant.



 
Richard M. Greenberg, Office of the Appellate Defender, New
York (Sara Gurwitch 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 (Bonnie G. Wittner, J.), rendered February 4, 2009, resentencing defendant to an aggregate term of 12 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]). We have no authority to revisit defendant's prison sentence on this appeal (see id. at 635).

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

ENTERED: SEPTEMBER 22, 2011

CLERK