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People v. Birth

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 2010
74 A.D.3d 463 (N.Y. App. Div. 2010)

Opinion

No. 2966.

June 3, 2010.

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.

Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant.

Before: Friedman, J.P., Nardelli, Moskowitz, Freedman and Manzanet-Daniels, JJ.


Defendant is entitled to relief under People v Williams ( 14 NY3d 198), which invalidates the imposition of post-release supervision upon resentencing of defendants who have been released after completing their terms of imprisonment.


Summaries of

People v. Birth

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 2010
74 A.D.3d 463 (N.Y. App. Div. 2010)
Case details for

People v. Birth

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEROME BIRTH, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 3, 2010

Citations

74 A.D.3d 463 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 4716
901 N.Y.S.2d 519