| People v Williams |
| 2011 NY Slip Op 04513 [84 AD3d 684] |
| May 31, 2011 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v LeroyWilliams, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Justin A. Braun of counsel), forrespondent.
Judgment of resentence, Supreme Court, Bronx County (John W. Carter, J.), rendered May28, 2008, resentencing defendant to a term of 13 years, with three years' postrelease supervisionand an order of protection, unanimously affirmed.
The resentencing court properly denied defendant's motion to amend the order of protectionissued at the original sentencing. We agree with the Third Department that a period ofpostrelease supervision (PRS) must be included in the calculation of the duration of an order ofprotection (see People v Goodband, 291 AD2d 584 [2002]). Because defendant's PRSextends the expiration date of the order of protection by up to three years, the order accounts forall of the jail time credit defendant claims he accrued prior to sentencing, assuming he is releasedon his maximum expiration date. Accordingly, the expiration date of the order of protection neednot be modified. The resentencing proceeding imposing a term of PRS was lawful in all respects(see People v Murrell, 73 AD3d598 [2010], affd 16 NY3d 621 [2011]).
We perceive no basis for reducing the PRS term. Defendant's request for a reduction of hisprison term in the interest of justice is both procedurally improper on the present appeal andwithout merit (see People v Lingle,66 AD3d 582 [2009], affd 16 NY3d 621 [2011]). Concur—Andrias, J.P., Saxe, Friedman, Moskowitz and Richter, JJ.