Appellate Division of the Supreme Court of the State of New York October 6, 2011 (People v. Burgess)

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]). Defendant may not challenge the voluntariness of his underlying guilty plea on this appeal (see People v Jordan, 16 NY3d 845 [2011]). Concur — Tom, J.E, Saxe, DeGrasse, Freedman and Román, JJ.