| People v Figueroa |
| 2007 NY Slip Op 08352 [45 AD3d 297] |
| November 8, 2007 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Heriberto Figueroa, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Richard Nahas of counsel), forrespondent.
Order, Supreme Court, New York County (Rena K. Uviller, J.), entered on or aboutNovember 8, 2006, which denied defendant's CPL 440.20 motion to set aside his sentence,unanimously affirmed.
It is undisputed that there was no mention at the plea proceeding or sentencing, or in thecommitment sheet or any other court record, that a period of postrelease supervision (PRS)would be added to defendant's sentence of 16 years. Defendant moved to set aside his sentenceon the sole ground that he was never informed that such a period would be added (see People v Catu, 4 NY3d 242[2005]), noting that the Department of Correctional Services had added such a five-year period tohis sentence.
A Catu claim appearing on the face of the record may not be raised in a CPL article440 motion (People v Louree, 8NY3d 541 [2007]). Moreover, a Catu issue goes to the voluntariness of the plea,which is not a basis upon which to set aside a sentence under CPL 440.20.
Since, however, "[n]either the sentencing minutes, nor the court's order of commitment,mentioned the imposition of any period of post-release supervision . . . , thesentence actually imposed by the court never included, and does not now include, any period ofpostrelease supervision" (People vNoble, 37 AD3d 622 [2007]). The Department of Correctional Services lacked authorityto add PRS to defendant's sentence, since "prison officials are conclusively bound by thecontents of commitment papers accompanying a prisoner" (Matter of Murray v [*2]Goord, 1 NY3d29, 32 [2003] [internal quotation marks and citation omitted]). Therefore, there is no basis tovacate the judgment or modify the sentence. Concur—Lippman, P.J., Mazzarelli, Sullivan,Nardelli and Sweeny, JJ.