People v. Birth

74 A.D.3d 463, 901 N.Y.S.2d 519

Opinion

Judgment of resentence, Supreme Court, New York County (Carol Berkman, J„), rendered February 25, 2009, resentencing defendant to a term of five years, with five years’ postrelease supervision, unani mously reversed, on the law, the resentence vacated and the original sentence without postrelease supervision reinstated.

Defendant is entitled to relief under People v Williams (14 NY3d 198 [2010]), which invalidates the imposition of post-release supervision upon resentencing of defendants who have been released after completing their terms of imprisonment. Concur—Friedman, J.P., Nardelli, Moskowitz, Freedman and Manzanet-Daniels, JJ.