People v White

People v White 2010 NY Slip Op 02860 [72 AD3d 465] April 8, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 9, 2010

The People of the State of New York, Respondent,
v
Lawrence White, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Sheila L. Bautista of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Carol Berkman, J.), rendered July 2, 2008, resentencing defendant to a term of five years with five years' postrelease supervision, unanimously reversed, on the law, defendant's resentence vacated and the original five-year term reinstated.

Defendant is entitled to relief based on People v Williams (14 NY3d 198 [2010]), which invalidated imposition of postrelease supervision upon individuals who had completed serving determinate sentences of incarceration before they were resentenced pursuant to Matter of Garner v New York State Dept. of Correctional Servs. (10 NY3d 358 [2008]). Concur—Saxe, J.P., Nardelli, Buckley, Acosta and Freedman, JJ.