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People v. Wiley

Supreme Court of New York, First Department

June 6, 2013

The People of the State of New York, Respondent,
v.
David Wiley, Defendant-Appellant.

Richard M. Greenberg, Office of the Appellate Defender, New York (Lauren Stephens-Davidowitz of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Tom, J.P., Andrias, Renwick, DeGrasse, Gische, JJ.

Judgment of resentence, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered May 11, 2012, resentencing defendant, as a second violent felony offender, to an aggregate term of 20 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 N.Y.3d 621 [2011]).


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