| People v Aguirre |
| 2008 NY Slip Op 08138 [55 AD3d 846] |
| October 21, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v PatriciaAguirre, Also Known as Tania Cabrera, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, andMarie-Claude P. Wrenn of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.),rendered April 8, 2004, convicting her of manslaughter in the first degree, upon her plea of guilty, andimposing sentence.
Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as somodified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, forresentencing that properly includes a period of postrelease supervision as part of the sentence.
The defendant was sentenced, as promised, to a determinate term of 10 years' imprisonment. Thesentencing minutes indicate that the Supreme Court also stated that the defendant would be subject to aperiod of postrelease supervision by the Parole Board, but did not pronounce the period thereof.However, a notation on the order of sentence and commitment signed by the clerk of that courtindicated that the defendant's period of postrelease supervision was to be five years.
Since the defendant does not wish to take back her plea of guilty, and the term of the period ofpostrelease supervision was not pronounced by the sentencing court, this Court must vacate thesentence and remit the matter to the Supreme Court, Kings County, for resentencing that properlyincludes a period [*2]of postrelease supervision as part of the sentence(see People v Sparber, 10 NY3d457, 469 [2008]; see also People v Selikoff, 35 NY2d 227 [1974], cert denied419 US 1122 [1975]; cf. People v Hill,9 NY3d 189 [2007]; People v VanDeusen, 7 NY3d 744 [2006]). Lifson, J.P., Florio, Angiolillo and Chambers, JJ., concur.