People v. Betancourt

Appeal by the People from an order of the Supreme Court, Kings County (Brennan, J.), dated March 30, 2010, which, upon the defendant’s conviction of attempted murder in the second degree, upon a jury verdict, granted the defendant’s motion pursuant to CPL 440.20 and Penal Law § 70.85 to vacate a resentence of the same court imposed December 9, 2008, which imposed a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on September 14, 1999.

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

Since the defendant had not yet…