People v. Colon
| Decision Date | 02 December 2020 |
| Docket Number | 2017–00613,Ind. No. 2518/03 |
| Parties | The PEOPLE, etc., respondent, v. Dennis COLON, appellant. |
| Court | New York Supreme Court — Appellate Division |
189 A.D.3d 873
136 N.Y.S.3d 431
The PEOPLE, etc., respondent,
v.
Dennis COLON, appellant.
2017–00613
Ind. No. 2518/03
Supreme Court, Appellate Division, Second Department, New York.
Argued—March 30, 2020
December 2, 2020
Paul Skip Laisure, New York, N.Y. (David L. Goodwin of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., SHERI S. ROMAN, JEFFREY A. COHEN, JOSEPH J. MALTESE, JJ.
DECISION & ORDER
Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (James P. Sullivan, J.), dated November 23, 2016, which denied, without a hearing, his motion pursuant to CPL 440.20 to set aside a sentence of the same court imposed July 20, 2006, as amended July 26, 2006, upon his convictions of burglary in the first degree, rape in the first degree, sexual abuse in the first degree, and assault in the second degree, upon a jury verdict.
ORDERED that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion which was to modify the periods of postrelease supervision imposed upon the convictions of sexual abuse in the first degree and assault in the second degree, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, and the matter is remitted to the Supreme Court, Kings County, for the imposition of an appropriate period of postrelease supervision in accordance herewith.
In 2006, the defendant was convicted of burglary in the first degree, rape in the first degree, sexual abuse in the first degree, and assault in the second degree. The defendant was sentenced to 25 years of imprisonment and 3 years of postrelease supervision upon his conviction of burglary in the first degree, 25 years of imprisonment and 5 years of postrelease supervision upon his conviction of rape in the first degree, 5 years of imprisonment and 5 years of postrelease supervision upon his conviction of sexual abuse in the...
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