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People v. Birth

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 3, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JEROME BIRTH, DEFENDANT-APPELLANT.

Judgment of resentence, Supreme Court, New York County (Carol Berkman, J.), rendered February 25, 2009, resentencing defendant to a term of 5 years, with 5 years' postrelease supervision, unanimously reversed, on the law, the resentence vacated and the original sentence without postrelease supervision 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.

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

3816/01

Defendant is entitled to relief under People v Williams (14 NY3d 198 [2010]), which invalidates the imposition of postrelease supervision upon resentencing of defendants who have been released after completing their terms of imprisonment.

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

20100603

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