The People of the State of New York, Respondent, v. David Hargrove, Defendant–Appellant. (2011)

Supreme Court, Appellate Division, First Department, New York.

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

5287

Decided: June 07, 2011

Mazzarelli, J.P., Sweeny, Moskowitz, Renwick, Román, JJ.

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 3 years, with 5 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] ).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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