| People v Reynolds |
| 2008 NY Slip Op 09904 [57 AD3d 336] |
| December 18, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Maurice Reynolds, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Deborah L. Morse of counsel), forrespondent.
Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered March 21,2006, convicting defendant, upon his plea of guilty, of three counts of robbery in the first degree,and sentencing him to concurrent terms of seven years, with five years' postrelease supervision,unanimously modified, on the law, to the extent of vacating the period of postrelease supervisionand otherwise affirmed, and the matter remanded for further proceedings in accordance with thisdecision.
We perceive no basis for reducing the sentence. However, as the People concede, defendantis entitled to a remand for the sole purpose of reconsideration of the length of the term ofpostrelease supervision (see People v Stanley, 309 AD2d 1254 [2003]). Since thesentencing court characterized the five-year period it imposed as "mandatory," it may not haverealized that it had the discretion to impose a postrelease supervision term of as little as 2½years (Penal Law § 70.45 [2] [f]). Concur—Lippman, P.J., Tom, Buckley,Moskowitz and Renwick, JJ.