| People v Rees |
| 2010 NY Slip Op 05129 [74 AD3d 1815] |
| June 11, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Shawn Rees,Appellant. |
—[*1] Lori Pettit Rieman, District Attorney, Little Valley (Kelly M. Balcom of counsel), forrespondent.
Appeal from a resentence of the Cattaraugus County Court (Larry M. Himelein, J.), renderedMarch 2, 2009. Defendant was resentenced upon his conviction of sexual abuse in the firstdegree.
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 Cattaraugus County Court forproceedings pursuant to CPL 470.45.
Memorandum: County Court erred in resentencing defendant to a period of postreleasesupervision after defendant had been conditionally released from the previously imposeddeterminate sentence of incarceration and the maximum expiration date of that sentence hadpassed (see People v Williams, 14NY3d 198, 217-220 [2010]; Peoplev Peterkin, 71 AD3d 1402 [2010]). We therefore conclude that reversal is required.Present—Smith, J.P., Fahey, Carni, Green and Gorski, JJ.