People v Perry
2010 NY Slip Op 03355 [72 AD3d 990]
April 20, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010


The People of the State of New York, Respondent,
v
Clyde Perry, Appellant.

—[*1] Steven Banks, New York, N.Y. (Elon Harpaz of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Marie-Claude P. Wrenn-Myers of counsel), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Dowling, J.), imposed September 23, 2008, which, upon his conviction of rape in the first degree (two counts), upon his plea of guilty, imposed periods of postrelease supervision of five years.

Ordered that the appeal is dismissed.

In an order dated March 24, 2010, the Supreme Court, in accordance with the Court of Appeals' recent decision in People v Williams (14 NY3d 198 [2010]), vacated the periods of postrelease supervision challenged on this appeal. Accordingly, this appeal has been rendered academic, and must be dismissed. Prudenti, P.J., Fisher, Roman and Sgroi, JJ., concur.