People v. Wells

OPINION OF THE COURT

Robert Charles Kohm, J.

Pursuant to CPL 440.20, the defendant has moved for an order vacating that portion of his resentencing by this court which, on December 14, 2009, imposed a five-year period of postrelease supervision (PRS) to his original sentence. The defendant’s application is predicated upon the Court of Appeals recent holding in People v Williams (14 NY3d 198 [2010]).

The People have submitted an affirmation in opposition.*

Findings of Fact

The underlying facts in this matter are not in dispute:

After a jury trial held before this court, the defendant was convicted…