People v. Angel Cintron
AD1 order dated October 4, 2012, dismissing as moot the People’s appeal of the grant of a CPL §440.20 motion. Decision below: 99 A.D.3d 439, 952 N.Y.S.2d 20. Graffeo, J., granted leave to People December 21, 2012.
ISSUE PRESENTED: Whether defendant had a reasonable expectation in the finality of his sentence once he had fully served his determinate term, so as to bar imposition of PRS (People v. Williams, 14 NY3d 198), even though before that term expired the People had timely appealed the erroneous expungement of the PRS period while he was still on conditional release. (Assigned counsel for respondent: Mark Zeno & Robert S. Dean, Center for Appellate Litigation, 74 Trinity Place, 11th Floor, NYC 10006.)
Reasonable expectation of finality where People had timely appealed the erroneous expungement of PRS but defendant had ultimately fully served his determinate term.