People v Randolph

People v Randolph 2012 NY Slip Op 08631 Decided on December 13, 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 December 13, 2012
Gonzalez, P.J., Mazzarelli, Acosta, Román, JJ.
8826 3422/99

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

v

Charles Randolph, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Kristina
Schwarz of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Lindsey J.
Ramistella of counsel), for respondent.

Judgment of resentence, Supreme Court, Bronx County (Margaret Clancy, J.), rendered June 22, 2011, resentencing defendant to an aggregate term of 15 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]), and we do not find that term to be excessive. 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: DECEMBER 13, 2012

CLERK