People v Collado

People v Collado 2008 NY Slip Op 09864 [11 NY3d 888] December 18, 2008 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 4, 2009

[*1] The People of the State of New York, Respondent,
v
Dionis Collado, Appellant.

Decided December 18, 2008

People v Collado, 47 AD3d 547, modified.

APPEARANCES OF COUNSEL

Center for Appellate Litigation, New York City (Bruce D. Austern of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Paula-Rose Stark of counsel), for respondent.

{**11 NY3d at 889} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified to the extent of remitting this matter to Supreme Court for resentencing, and otherwise affirmed.

Because Supreme Court failed to pronounce the term of defendant's mandatory postrelease supervision in his presence, this matter must be remitted to Supreme Court for a [*2]resentencing proceeding (see People v Sparber, 10 NY3d 457, 469-471 [2008]). We have considered defendant's remaining arguments, concerning the propriety of his arrest, and conclude that they are meritless.

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified by remitting to Supreme Court, New York County, for resentencing and, as so modified, affirmed, in a memorandum.