Reversed by People v Hassell, 14 NY3d 925 (2010)
People v Hassell, 2009 NY Slip Op 07513 [66 AD3d 575]
October 22, 2009
Appellate Division, First Department
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Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Matthew C. Williams of counsel), for respondent.
Judgment of resentence, Supreme Court, New York County (Rena K. Uviller, J.), rendered December 3, 2008, resentencing defendant to a term of 3½ years with five years’ postrelease supervision, unanimously affirmed.
The court properly resentenced defendant to comply with the requirement that a term of postrelease supervision be part of the court’s oral pronouncement of sentence. Defendant’s challenges to his resentencing are essentially identical to those rejected by this Court in People v Hernandez (59 AD3d 180 [2009], lv granted 12 NY3d 817 [2009]). Concur—Friedman, J.P., McGuire, Moskowitz, Acosta and DeGrasse, JJ..