People v. Newton

*1282Memorandum: Defendant appeals from a resentence upon his motion pursuant to CPL 440.20, in which he alleged that his sentence was illegal inasmuch as Supreme Court (Mark, J.) had failed to impose a term of postrelease supervision when it sentenced him as a second felony offender on his conviction of, inter alia, three counts of robbery in the first degree (Penal Law § 160.15 [2]-[4]). Although not raised in his motion, County Court (Marks, J.) entertained defendant’s contention at oral argument of the motion that Supreme Court had erred in sentencing him as a second felony offender. Defendant…