People v. Embrey

Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered February 20, 2009, which resentenced defendant following his conviction of the crime of burglary in the second degree.

In 2001, defendant pleaded guilty to burglary in the second degree in satisfaction of a seven-count indictment and was sentenced as a second felony offender to six years in prison. At the time of sentencing, County Court did not sentence defendant, as required, to a period of postrelease supervision (see Penal Law § 70.45 [1], [2]). After defendant had completed his sentence, the People moved…