Opinion
2012-06-28
The PEOPLE of the State of New York, Respondent, v. Timothy SWINTON, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Cheryl Williams of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi–Levi of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Cheryl Williams of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi–Levi of counsel), for respondent.
Judgment of resentence, Supreme Court, New York County (Richard D. Carruthers, J.), rendered March 27, 2009, resentencing defendant to concurrent terms of nine years, to be followed by five years' postrelease supervision, unanimously affirmed. Appeal from order, same court and Justice, entered on or about April 21, 2010, which denied defendant's CPL 440.20 motion to set aside the resentence, unanimously dismissed as academic.
The resentencing proceeding imposing a term of postrelease supervision was neither barred by double jeopardy nor otherwise unlawful ( see People v. Lingle, 16 N.Y.3d 621, 926 N.Y.S.2d 4, 949 N.E.2d 952 [2011] ). Defendant was resentenced *864prior to the maximum expiration date of his single aggregated sentence ( see People v. Wilson, 92 A.D.3d 512, 937 N.Y.S.2d 859 [2012] ).
We perceive no basis for reducing the term of postrelease supervision.