
    The People of the State of New York, Respondent, v Carlton Evans, Appellant.
    [983 NYS2d 404]
   — Judgment, Supreme Court, New York County (Daniel Conviser, J.), rendered July 31, 2012, resentencing defendant, as a second felony offender, to an aggregate term of 40 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]). Concur — Tom, J.E, Acosta, Freedman and Kapnick, JJ.  