| People v Edwards |
| 2008 NY Slip Op 04606 [51 AD3d 540] |
| May 22, 2008 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v KentEdwards, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Olivia Sohmer of counsel), forrespondent.
Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered June 24,2002, convicting defendant, upon his plea of guilty, of attempted rape in the first degree, andsentencing him to a term of 12 years, unanimously modified, on the law, to remit the matter toSupreme Court for resentencing that shall impose postrelease supervision as mandated by statute,and otherwise affirmed.
Defendant raises various issues relating to the voluntariness of his plea and the effectivenessof his representation by counsel. However, defendant expressly states that he does not wish hisplea to be vacated, and instead requests that this Court remand for resentencing, or make anunspecified discretionary reduction in his sentence. Neither of these remedies is appropriate forany of defendant's claims (see People vJohnson, 25 AD3d 331 [2006], lv denied 6 NY3d 835 [2006]).
In any event, we find these claims without merit, with one exception. Defendant was neverinformed that a period of postrelease supervision would be added to his sentence of 12 years, andthis rendered his plea involuntary (seePeople v Louree, 8 NY3d 541 [2007]; People v Van Deusen, 7 NY3d 744 [2006]; People v Catu, 4 NY3d 242[2005]). However, the sole remedy to which this error would entitle him is vacatur of the plea (see People v Hill, 9 NY3d 189[2007]), and, as noted, he declines such relief.
Since the trial court failed to impose postrelease supervision at the sentencing hearing, [*2]we are required to remit for resentencing (see People vSparber, 10 NY3d 457 [2008]). Concur—Lippman, P.J., Mazzarelli, Friedman andBuckley, JJ.