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PEOPLE v. WELLS

7678846K.

28 Misc.3d 628 (2010)

903 N.Y.S.2d 703

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. KEVIN WELLS, Defendant.

Supreme Court, Queens County.

Decided May 26, 2010.

Attorney(s) appearing for the Case

Appellate Advocates, New York City ( Lynn W.L. Fahey and Sonia Mikolic-Torreira of counsel), for defendant. Richard A. Brown , District Attorney, Kew Gardens, for plaintiff.

OPINION OF THE COURT

ROBERT CHARLES KOHM, J.

Pursuant to CPL 440.20, the defendant has moved for an order vacating that portion of his resentencing by this court which, on December 14, 2009, imposed a five-year period of postrelease supervision (PRS) to his original sentence. The defendant's application is predicated upon the Court of Appeals recent holding in People v Williams (14 N.Y.3d 198 [2010]).

The...

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