PEOPLE v. CINTRON

6549, 2052/00, 6550.

99 A.D.3d 439 (2012)

952 N.Y.S.2d 20

2012 NY Slip Op 6646

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ANGEL CINTRON, Respondent.

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

October 4, 2012.


Defendant's original sentence in 2001 unlawfully omitted postrelease supervision. The sentencing court corrected that defect in 2008 by adding a period of postrelease supervision (PRS) to the sentence. At the time of the resentencing, defendant had been released from prison but was still on conditional release. The maximum expiration date of defendant's sentence was in 2009.

On March 31, 2010, defendant moved, pursuant to CPL 440.20 (1), to vacate the term of PRS...

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