People v Little

People v Little 2013 NY Slip Op 06306 Decided on October 1, 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 1, 2013
Friedman, J.P., Moskowitz, Richter, Manzanet-Daniels, Gische, JJ.
10628 3800/99

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

v

Michael Little, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Mark W. Zeno of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Beth Fisch
Cohen of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered August 12, 2011, resentencing defendant to an aggregate term of 16 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 find that a five-year term of postrelease supervision is not excessive, and that there is no basis for reducing it in the interest of justice. Accordingly, we find it unnecessary to reach any other issues.

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

ENTERED: OCTOBER 1, 2013

CLERK