People v. Perez

2016 NY Slip Op 7585, 144 A.D.3d 488, 40 N.Y.S.3d 758

Opinion

Judgment of resen- tence, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered April 25, 2012, resentencing defendant to a term of five 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 (People v Lingle, 16 NY3d 621 [2011]).

Defendant’s challenge to the voluntariness of the underlying plea is not properly before this Court on this appeal from the judgment of resentence (see People v Toney, 116 AD3d 607 [1st Dept 2014], Iv denied 23 NY3d 1043 [2014]; CPL 450.30 [3]).

Concur—Renwick, J.P., Moskowitz, Kapnick, Kahn and Gesmer, JJ.