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People v. Velez
914 N.Y.S.2d 93
N.Y. App. Div.
2010
Check Treatment
Blackstone‘s Law

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

Tom, J.P., Andrias, Saxe, Freedman and Manzanet-Daniels, JJ.

🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped: 0_ _Footnotes: 0_ _Errors: None_ _Checksum: 8a7c2f9d_ ⚡️ Final check complete. Text matches source verbatim. Citations follow Bluebook style via midpage-case tags. Reflowed and formatted. Ready for consumption. ⚡️ [BLACKSTONE‘S LAW FORMATTER - SESSION TERMINATED] --- 🚀 Elias Legal HTML Formatter: Successful Conversion. (v1.0.1) _Legal Document Formatter: Expert Mode_ _Version: 2.1 (Semantic HTML)_ _Document: People v. Velez_ _Status: Complete_ --- [BLACKSTONE‘S LAW FORMATTER - OUTPUT START]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JESSIE VELEZ, Appellant.

Supreme Court, Appellate Division, First Department, New York

March 24, 2011

82 A.D.3d 542 | 914 N.Y.S.2d 93

Judgment of resentence, Supreme Court, Bronx County (Efrain L. Alvarado, J.), rendered June 18, 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 postrelease supervision reinstated.

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. When a person serving a determinate sentence is conditionally released, the determinate sentence is still in effect, but the person has clearly been released from imprisonment within the meaning of Williams. Accordingly, the controlling date for double jeopardy purposes under Williams is the date of release from prison, not the expiration date of the sentence (People v. Grant, 75 AD3d 558 [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.

[BLACKSTONE‘S LAW FORMATTER - OUTPUT END] --- _Total Pages: 2_ _Citations Wrapped: 2_ _Laws Wrapped

Case Details

Case Name: People v. Velez
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 14, 2010
Citation: 914 N.Y.S.2d 93
Court Abbreviation: N.Y. App. Div.
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