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People v. Rees

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


June 11, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
SHAWN REES, DEFENDANT-APPELLANT.

Appeal from a resentence of the Cattaraugus County Court (Larry M. Himelein, J.), rendered March 2, 2009. Defendant was resentenced upon his conviction of sexual abuse in the first degree.

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.

PRESENT: SMITH, J.P., FAHEY, CARNI, GREEN, AND GORSKI, JJ.

It is hereby ORDERED that the resentence so appealed from is unanimously reversed on the law, the original sentence is reinstated and the matter is remitted to Cattaraugus County Court for proceedings pursuant to CPL 470.45.

Memorandum

County Court erred in resentencing defendant to a period of postrelease supervision after defendant had been conditionally released from the previously imposed determinate sentence of incarceration and the maximum expiration date of that sentence had passed (see People v Williams, 14 NY3d 198, 217-220; People v Peterkin, 71 AD3d 1402). We therefore conclude that reversal is required.

20100611

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