People v Hamby
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People v Hamby 2011 NY Slip Op 06588 Decided on September 27, 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 27, 2011
Andrias, J.P., Sweeny, Moskowitz, Richter, Román, JJ.
5572 7152/03
[*1]The People of the State of New York, Respondent,
v
Idress Hamby, etc., 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.
Decided on September 27, 2011
Andrias, J.P., Sweeny, Moskowitz, Richter, Román, JJ.
5572 7152/03
[*1]The People of the State of New York, Respondent,
v
Idress Hamby, etc., 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.
Judgment of resentence, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered June 19, 2009, resentencing defendant to six and one half years, to be followed by five years post-release 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: SEPTEMBER 27, 2011
CLERK
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