People v Taborn
2011 NY Slip Op 00412 [80 AD3d 527]
January 25, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 9, 2011


The People of the State of New York, Respondent,
v
Akeem Taborn, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Maxwell Wiley, J.), rendered December 3, 2008, resentencing defendant to an aggregate term of six years with five years' postrelease supervision, unanimously reversed, on the law, the resentence vacated, and the original sentence without postrelease supervision reinstated.

As the People concede, defendant is entitled to relief under People v Williams (14 NY3d 198 [2010]), which invalidates the imposition of postrelease supervision upon resentencing of defendants who have been released after completing their terms of imprisonment. Concur—Saxe, J.P., Moskowitz, Richter, Manzanet-Daniels and RomÁn, JJ.