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People v. Perry

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


April 20, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
CLYDE PERRY, APPELLANT.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Dowling, J.), imposed September 23, 2008, which, upon his conviction of rape in the first degree (two counts), upon his plea of guilty, imposed periods of postrelease supervision of five years.

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.

A. GAIL PRUDENTI, P.J., STEVEN W. FISHER, SHERI S. ROMAN and SANDRA L. SGROI, JJ.

(Ind. No. 7692/99)

DECISION & ORDER

ORDERED that the appeal is dismissed.

In an order dated March 24, 2010, the Supreme Court, in accordance with the Court of Appeals' recent decision in People v Williams (NY3d, 2010 NY Slip Op 01527 [2010]), vacated the periods of postrelease supervision challenged on this appeal. Accordingly, this appeal has been rendered academic, and must be dismissed.

PRUDENTI, P.J., FISHER, ROMAN and SGROI, JJ., concur.

20100420

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