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PEOPLE v. GODWIN

2009-03385.

73 A.D.3d 1079 (2010)

899 N.Y.S.2d 905

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL GODWIN, Appellant.

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

Decided May 18, 2010.

Ordered that the resentence is reversed, on the law, and the original sentence is reinstated.

As the People correctly concede, the imposition of a period of postrelease supervision on this defendant violated his rights under the Double Jeopardy Clauses of the United States and New York Constitutions (see US Const, 5th Amend; NY Const, art I, § 6; People v Williams, 14 N.Y.3d 198 [2010]). Accordingly, the resentence must be reversed, and the...

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