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PEOPLE v. SMITH

37 A.D.3d 499 (2007)

829 N.Y.S.2d 226

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAKIM SMITH, Appellant.

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

Decided February 6, 2007.

Ordered that the appeal is dismissed.

The Supreme Court sentenced the defendant to a determinate prison term of eight years. Neither the sentencing minutes nor the court's order of commitment mention the imposition of any period of postrelease supervision. Therefore, the sentence appealed from does not include any period of post-release supervision (see Hill v United States ex rel. Wampler, 298 U.S. 460 [1936]; Earley v Murray...

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