People v. Acosta

Appeal by the People from an order of the Supreme Court, Kings County (Brennan, J.), dated April 21, 2010, which, upon the defendant’s conviction of burglary in the second degree, upon his plea of guilty, granted the defendant’s motion pursuant to CPL 440.20 and Penal Law § 70.85 to vacate a resentence of the same court imposed October 29, 2008, which imposed a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on May 21, 2002.

Ordered that the order is reversed, on the law, and the motion is denied.

Since the defendant had not yet completed…