PEOPLE v. BENZENO

2010-02209.

83 A.D.3d 728 (2011)

919 N.Y.S.2d 897

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDERICK BENZENO, Appellant.

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

Decided April 5, 2011.


Ordered that the resentence is modified, on the law, by vacating the period of postrelease supervision of three years; as so modified, the resentence is affirmed, and the matter is remitted to the County Court, Suffolk County, for the imposition of an appropriate period of postrelease supervision in accordance with Penal Law § 70.45 (2) (b).

Contrary to the defendant's contention, the term of imprisonment imposed was not excessive (see People v Schreter,<...

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