PEOPLE v. REES

753 KA 09-00583.

74 A.D.3d 1815 (2010)

902 N.Y.S.2d 488

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

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

Decided June 11, 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 Cattaraugus County Court for proceedings pursuant to CPL 470.45.

Memorandum: County Court erred in resentencing defendant to a period of postrelease supervision after defendant had been conditionally released from the previously imposed determinate sentence of incarceration and the maximum expiration date of...

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