NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
April 8, 2010
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
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.
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 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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