PEOPLE v. JENKINS


45 A.D.3d 448 (2007)

844 N.Y.S.2d 873

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID JENKINS, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 20, 2007.


As the People concede, since defendant committed this crime prior to the effective date of Penal Law § 70.45, which provides for postrelease supervision, his sentence is unlawful to the extent indicated. The court's allegedly premature designation of defendant as a "predicate" sex offender, was mere surplusage of no legal significance, and defendant's arguments on this issue are without merit. We perceive no basis for reducing...

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