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PEOPLE v. LOVING

2008-07033

76 A.D.3d 1032 (2010)

907 N.Y.S.2d 683

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEMETRIOUS LOVING, Appellant.

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

Decided September 21, 2010.

Ordered that the resentence is reversed, on the law, the period of postrelease supervision is vacated, and the original sentence imposed on June 13, 2001, is reinstated.

"[O]nce a defendant is released from custody and returns to the community after serving the period of incarceration that was ordered by the sentencing court, and the time to appeal the sentence has expired or the appeal has been finally determined, there...

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