People v. Davis

Appeal by the defendant, by permission, from an order of the Supreme Court, Kings *1136County (Green, J.), entered August 19, 2013, which denied, without a hearing, his motion pursuant to CPL 440.20 to set aside a resentence of the same court (McKay, J.), imposed May 21, 2003, upon his conviction of robbery in the first degree, upon a jury verdict, the resentence being a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on January 4, 2000.

Ordered that the order is affirmed.

The defendant moved pursuant to CPL 440.20 (1) to set aside his…