Appellate Division of the Supreme Court of New York, 2011

People v. Riddick

People v. Riddick
Appellate Division of the Supreme Court of New York · Decided October 13, 2011
88 A.D.3d 516; 930 N.Y.2d 876
People v. Riddick

Opinion of the Court

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.

*517We 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.

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