People v. Czarnecki

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 manslaughter in the first 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 March 27, 2009, which imposed a period of postrelease *857supervision in addition to the determinate term of imprisonment previously imposed on June 13, 2001.

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

Since the defendant had not yet…