People v. Birth

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

This text of 74 A.D.3d 463 (People v. Birth) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Birth, 74 A.D.3d 463, 901 N.Y.S.2d 519 (N.Y. Ct. App. 2010).

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[464]*464mously 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.

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Related

People v. Williams
925 N.E.2d 878 (New York Court of Appeals, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
74 A.D.3d 463, 901 N.Y.S.2d 519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-birth-nyappdiv-2010.