| People v Peterkin |
| 2010 NY Slip Op 02202 [71 AD3d 1402] |
| March 19, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Travis L.Peterkin, Appellant. |
—[*1] Cindy F. Intschert, District Attorney, Watertown, for respondent.
Appeal from a resentence of the Jefferson County Court (Kim H. Martusewicz, J.), renderedJanuary 23, 2009. Defendant was resentenced upon his conviction of, inter alia, burglary in thesecond degree (two counts).
It is hereby ordered that the resentence so appealed from is unanimously reversed on the law,the original sentence is reinstated and the matter is remitted to Jefferson County Court forproceedings pursuant to CPL 470.45.
Memorandum: On a prior appeal (People v Peterkin, 12 AD3d 1026 [2004], lv denied 4NY3d 766 [2005]), we affirmed the judgment convicting defendant following a jury trial of, interalia, two counts of burglary in the second degree (Penal Law § 140.25 [2]). Defendantnow appeals from the resentence imposed on that conviction, contending that County Court erredin resentencing him to a period of postrelease supervision after he had been conditionallyreleased from the previously imposed determinate sentence of incarceration. We note, however,that defendant subsequently was returned to the custody of the Department of CorrectionalServices based on a violation of the terms of his release. For the same reason as that set forth inour decision in People v Appleby (71 AD3d 1545 [2010]), we agree with defendant thatreversal is required (see People v Williams, 14 NY3d 198 [2010]). In view of our determination, there is no need to address defendant's remainingcontention. Present—Centra, J.P., Peradotto, Lindley, Pine and Gorski, JJ.