People v. Burg

Appeal by the defendant from a resentence of the County Court, Dutchess County (Hayes, J.), imposed August 3, 2010, which, upon his conviction of sodomy in the first degree, upon his plea of guilty, imposed a period of postrelease supervision of five years in addition to the determinate term of imprisonment previously imposed by the same court on April 4, 2002.

*1015Ordered that the resentence is reversed, on the law, and the period of postrelease supervision is vacated.

The defendant was arrested in 2000 and subsequently pleaded guilty to sodomy in the first degree. In 2002, the defendant was…