People v. Edwards

OPINION OF THE COURT

Marcy L. Kahn, J.

Defendant Darren Edwards, having been convicted after a jury trial of assault in the second degree (Penal Law § 120.05 [2]) and assault in the third degree (Penal Law § 120.00) and sentenced1 to a seven-year determinate term of incarceration concurrent with a one-year definite term and followed by a five-year term of postrelease supervision, has moved pursuant to CPL 440.20 (1) to set aside his sentence and for resentencing. He claims that the term of postrelease supervision was not legally imposed either at his original sentencing by the trial justice on…