| People v Williams |
| 2007 NY Slip Op 07351 [44 AD3d 335] |
| October 4, 2007 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v LeroyWilliams, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Bryan C. Hughes of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (John W. Carter, J.), rendered May 23, 2006,convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him toa term of 13 years, unanimously modified, on the law, to the extent of vacating the provision forthree years' postrelease supervision and remanding for further proceedings regarding theimposition of a period of postrelease supervision, and otherwise affirmed.
Defendant made a valid waiver of his right to appeal (see People v Lopez, 6 NY3d 248 [2006]). The record establishesthat defendant clearly understood that he was making an unrestricted waiver.
Defendant also claims that his sentence was defective in that a provision for a period ofpostrelease supervision was contained in the court's commitment sheet but not in its oralpronouncement of sentence. In this case, the duration of the required period of postreleasesupervision was within the court's discretion (see Penal Law § 70.45 [2] [f]).Although the court promised defendant a three-year period, and the court clerk included thatprovision on the commitment sheet, the court did not address postrelease supervision atsentencing. In these circumstances, imposition of such a term was not ministerial. Furthermore,we conclude that imposition of a discretionary sentencing provision subsequent to the court's oralsentence is a defect that survives a waiver of the right to appeal (compare People v Thomas, 35 AD3d192 [2006], lv denied 8 NY3d 850 [2007]).[*2]
Defendant's claim that the duration of an order ofprotection was incorrectly calculated is unreviewable on the present record (see People v Montilla, 37 AD3d281 [2007]). Concur—Andrias, J.P., Sullivan, Catterson, McGuire and Malone, JJ.