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PEOPLE v. HOLDER

46 A.D.3d 577 (2007)

845 N.Y.S.2d 916

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN HOLDER, Appellant.

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

Decided December 4, 2007.

Ordered that the order is affirmed.

We conclude that the defendant's motion pursuant to CPL 440.20 was properly denied, but for reasons different from those relied upon by the Supreme Court (see People v Noble, 37 A.D.3d 622 [2007]). At sentencing, the court explicitly stated that no period of post-release supervision was imposed and there is no reference to a term of post-release supervision in the commitment order (cf...

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