| People v Rodriguez |
| 2015 NY Slip Op 07382 [132 AD3d 1374] |
| October 9, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vEdiberto Rodriguez, Appellant. |
Michael J. Stachowski, P.C., Buffalo (Michael J. Stachowski of counsel), fordefendant-appellant.
Ediberto Rodriguez, defendant-appellant pro se.
Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Lowry of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang,J.), rendered October 7, 2013. The judgment convicted defendant, upon his plea ofguilty, of assault in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously reversed onthe law, the plea is vacated, and the matter is remitted to Supreme Court, Erie County, forfurther proceedings on the indictment.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea ofguilty, of assault in the second degree (Penal Law § 120.05 [9]). As thePeople correctly concede, "[b]ecause the court failed to specify the period of postreleasesupervision or the permissible range of postrelease supervision prior to imposingsentence, reversal is required" (People v Hernandez, 83 AD3d 1581, 1581 [2011]; see People v Turner, 24 NY3d254, 258 [2014]; People vCatu, 4 NY3d 242, 245 [2005]). We nevertheless reject defendant's contentionin his pro se supplemental brief that the matter must be remitted to a different SupremeCourt Justice inasmuch as he has "failed to show the existence of any actual impropriety,prejudice, or bias with respect to" sentencing or the manner in which the Justice hereinconducted the proceedings (Matter of Serkez v Serkez, 34 AD3d 592, 592 [2006]; see People v Weekes, 46 AD3d583, 584-585 [2007], lv denied 10 NY3d 845 [2008]; see generallyJudiciary Law § 14; People v Moreno, 70 NY2d 403, 405[1987]).
In view of our decision, we do not address defendant's remaining contentions.Present—Centra, J.P., Peradotto, Carni, Whalen and DeJoseph, JJ.