People v Hargrove
2011 NY Slip Op 04758 [85 AD3d 456]
June 7, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 10, 2011


The People of the State of New York, Respondent,
v
David Hargrove, Appellant.

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

Judgment of resentence, Supreme Court, New York County (Renee A. White, J.), rendered March 10, 2009, resentencing defendant to a term of three 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, the imposition of postrelease supervision on resentencing violated defendant's right against double jeopardy (see People v Williams, 14 NY3d 198 [2010]). Concur—Mazzarelli, J.P., Sweeny, Moskowitz, Renwick and RomÁn, JJ.