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PEOPLE v. EDWARDS

62 A.D.3d 467 (2009)

878 N.Y.S.2d 354

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARREN EDWARDS, Appellant.

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

Decided May 12, 2009.

Defendant's original sentence of seven years upon his 2002 conviction after trial of second-degree assault was unlawful to the extent that it omitted any reference to postrelease supervision (PRS). "The sole remedy for a procedural error such as this is to vacate the sentence and remit for a resentencing hearing so that the trial judge can make the required pronouncement" (People v Sparber, 10 N.Y.3d 457, 471 [2008]). Accordingly...

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