| People v Velez |
| 2010 NY Slip Op 09189 [79 AD3d 542] |
| December 14, 2010 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v JessieVelez, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Bari L. Kamlet of counsel), for respondent.
Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June18, 2009, resentencing defendant to a term of nine years, with five years' postrelease supervision,unanimously reversed, on the law, the resentence vacated, and the original sentence without postreleasesupervision reinstated.
Defendant is entitled to relief under People v Williams (14 NY3d 198 [2010]), which invalidates theimposition of postrelease supervision upon resentencing of defendants who have been released aftercompleting their terms of imprisonment. When a person serving a determinate sentence is conditionallyreleased, the determinate sentence is still in effect, but the person has clearly been released fromimprisonment within the meaning of Williams. Accordingly, the controlling date for doublejeopardy purposes under Williams is the date of release from prison, not the expiration date ofthe sentence (People v Grant, 75 AD3d558 [2010]), and we reject the People's argument to the contrary.
In light of this determination, we find it unnecessary to reach any other issues.Concur—Tom, J.P., Andrias, Saxe, Freedman and Manzanet-Daniels, JJ.