People v. Warner

Appeal from a judgment of the County Court of Madison County (DiStefano, J.), rendered March 24, 2010, which resentenced defendant following his conviction of the crimes of rape in the first degree (two counts), sexual abuse in the first degree and endangering the welfare of a child (two counts).

The facts are set forth in our earlier decision in which we found that defendant’s convictions were not against the weight of the evidence, but remitted for resentencing because County Court had failed to include postrelease supervision (69 AD3d 1052, 1053-1054 [2010], lv denied 14 NY3d 894 [2010]).…