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PEOPLE v. SINGH

4846/2001.

28 Misc.3d 923 (2010)

906 N.Y.S.2d 841

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. SHAILIESH SINGH, Defendant. THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JONDALE WILLIS, Defendant. THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. SHAMON BROWN, Defendant.

Supreme Court, Kings County.

Decided May 17, 2010.

Attorney(s) appearing for the Case

Appellate Defenders, New York City ( Winston McIntosh of counsel), for Shailiesh Singh, defendant. Charles J. Hynes , District Attorney, Brooklyn ( Morgan Dennehy of counsel), for plaintiff. Appellate Defenders, New York City ( Winston McIntosh of counsel), for Jondale Willis, defendant. Charles J. Hynes , District Attorney, Brooklyn ( Morgan Dennehy of counsel), for plaintiff. Legal Aid Society, New York City ( Heidi Bota of counsel), for Shamon Brown, defendant. Charles J. Hynes , District Attorney, Brooklyn (Morgan Dennehy of counsel), for plaintiff.

OPINION OF THE COURT

GUSTIN L. REICHBACH, J.

These three defendants, whose cases have been consolidated for decision, seek to set aside their respective sentences pursuant to CPL 440.20. They argue that a period of postrelease supervision that was imposed when they were resentenced is illegal since the resentencing occurred after each had been released from custody. The District Attorney argues that their motions must be denied since they were still under...

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