People v Barnes, 2011 NY Slip Op 01928 [82 AD3d 540]

March 17, 2011

Appellate Division, First Department

— [*1]

Steven Banks, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant.

Judgments, Supreme Court, New York County (Michael J. Obus, J.), rendered November 13, 2008, resentencing defendant to an aggregate term of 3½ years, with 2½ years’ postrelease supervision unanimously reversed, on the law, the resentences vacated and the original sentences without postrelease supervision reinstated.

As the People concede, defendant is entitled to relief under People v Williams (14 NY3d 198 [2010]), which invalidates the imposition of postrelease supervision upon resentencing of defendants who have been released after completing their terms of imprisonment. Concur—Gonzalez, P.J., Tom, Acosta, Richter and RomÁn, JJ.