PEOPLE v. APPLEBY

KA 08-02117

71 A.D.3d 1545 (2010)

896 N.Y.S.2d 704

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN APPLEBY, Appellant.

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

Decided March 19, 2010.


It is hereby ordered that the resentence so appealed from is unanimously reversed on the law, the original sentence is reinstated and the matter is remitted to Ontario County Court for proceedings pursuant to CPL 470.45.

Memorandum: Defendant appeals from a resentence pursuant to which, following a hearing, County Court sentenced him to a five-year period of postrelease supervision (PRS). Defendant had completed serving the determinate term of incarceration originally...

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