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People v. White

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 8, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
LAWRENCE WHITE, DEFENDANT-APPELLANT.

Judgment of resentence, Supreme Court, New York County (Carol Berkman, J.), rendered July 2, 2008, resentencing defendant to a term of 5 years with 5 years' postrelease supervision, unanimously reversed, on the law, defendant's resentence vacated and the original 5 year term reinstated.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Nardelli, Buckley, Acosta, Freedman, JJ.

3811/99

Defendant is entitled to relief based on People v Williams ( NY3d , 2010 WL 605257, 2010 NY LEXIS 40), which invalidated imposition of postrelease supervision upon individuals who had completed serving determinate sentences of incarceration before they were resentenced pursuant to Garner v New York State Dept. of Correctional Servs. (10 NY3d 358 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100408

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