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PEOPLE v. APONTE

8609, 1053/00.

100 A.D.3d 525 (2012)

954 N.Y.S.2d 78

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX APONTE, Appellant.

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

November 20, 2012.

Although defendant's original sentence in 2000 unlawfully omitted postrelease supervision (PRS), the 2008 resentence adding PRS was also unlawful because defendant had already completed his entire sentence (see People v Williams, 14 N.Y.3d 198, 217 [2010]).

In connection with the resentencing, defendant negotiated a particular term of PRS and waived his right to appeal. However, the waiver does not foreclose defendant's present...

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