People v Reynolds

People v Reynolds 2008 NY Slip Op 09904 [57 AD3d 336] December 18, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

The People of the State of New York, Respondent,
v
Maurice Reynolds, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Deborah L. Morse of counsel), for respondent.

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered March 21, 2006, convicting defendant, upon his plea of guilty, of three counts of robbery in the first degree, and sentencing him to concurrent terms of seven years, with five years' postrelease supervision, unanimously modified, on the law, to the extent of vacating the period of postrelease supervision and otherwise affirmed, and the matter remanded for further proceedings in accordance with this decision.

We perceive no basis for reducing the sentence. However, as the People concede, defendant is entitled to a remand for the sole purpose of reconsideration of the length of the term of postrelease supervision (see People v Stanley, 309 AD2d 1254 [2003]). Since the sentencing court characterized the five-year period it imposed as "mandatory," it may not have realized that it had the discretion to impose a postrelease supervision term of as little as 2½ years (Penal Law § 70.45 [2] [f]). Concur—Lippman, P.J., Tom, Buckley, Moskowitz and Renwick, JJ.