People v. Montgomery — 121 A.D.3d 501

Majority

p. 501

The People of the State of New York, Respondent, v Robert Montgomery, Appellant.

[993 NYS2d 506]

Judgment of resentence, Supreme Court, New York County (Ronald Zweibel, J.), rendered July 16, 2010, resentencing defendant, as a second violent felony offender, to a term of 10 years, with five 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]).

Concur— Tom, J.P, Sweeny, Renwick, Andrias and Clark, JJ.

Cases cited

People v. Lingle 16 NY3d 621 N.Y. 2011-04-28 p. 501