PEOPLE v. BURG

2011-01977.

94 A.D.3d 1014 (2012)

942 N.Y.S.2d 377

2012 NY Slip Op 2890

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM M. BURG, Appellant.

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

Decided April 17, 2012.


Ordered that the resentence is reversed, on the law, and the period of postrelease supervision is vacated.

The defendant was arrested in 2000 and subsequently pleaded guilty to sodomy in the first degree. In 2002, the defendant was sentenced by the County Court to a determinate term of imprisonment of 10 years. No period of postrelease supervision was imposed. It is undisputed that the defendant, having reached the maximum...

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