Majority
p. 516The People of the State of New York, Respondent, v Joey Riddick, Appellant. [930 NYS2d 876]
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]). There is no merit to defendant’s argument that a 60-day stay of judgment issued in defendant’s CPLR article 78 proceeding against the Department of Correctional Services imposed a deadline on the resentencing court.
p. 517
We have no authority to revisit defendant’s prison sentence on this appeal (see id. at 635 ). Concur — Catterson, J.E, Richter, Manzanet-Daniels and Román, JJ.
Cases cited
- People v. Lingle 16 NY3d 621 p. 516