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The People of the State of New York, Respondent, v. Jerome Birth, Appellant

New York Supreme Court, Appellate Division2010-06-03
74 A.D.3d 463901 N.Y.S.2d 519

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Opinion

majority 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, unanimously 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.