People v Valderas

People v Valderas 2014 NY Slip Op 00431 Decided on January 23, 2014 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 January 23, 2014
Tom, J.P., Acosta, Andrias, Freedman, Feinman, JJ.
11551 370/01

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

v

Miguel Valderas, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Kristina
Schwarz of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin
of counsel), for respondent.

Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered July 13, 2012, resentencing defendant to an aggregate term of 25 years to life, including an aggregate term of 2½ years' postrelease supervision as to certain convictions, unanimously affirmed.

The resentencing proceeding imposing a term of postrelease supervision was neither barred by double jeopardy nor otherwise unlawful (People v Lingle, 16 NY3d 621 [2011]).

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

ENTERED: JANUARY 23, 2014

CLERK