People v Taborn

People v Taborn 2011 NY Slip Op 00412 Decided on January 25, 2011 Appellate Division, First Department 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.

Decided on January 25, 2011
Saxe, J.P., Moskowitz, Richter, Manzanet-Daniels, Román, JJ.
4103 414/99

[*1]The People of the State of New York, Respondent,

v

Akeem Taborn, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Adrienne M.
Gantt of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin
of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Maxwell Wiley, J), rendered December 3, 2008, resentencing defendant to an aggregate term of 6 years with 5 years' postrelease supervision, unanimously reversed, on the law, the resentence vacated, and the original sentence without postrelease supervision reinstated.

As the People concede, 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.

ENTERED: JANUARY 25, 2011

CLERK