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People v. Reynolds

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 18, 2008

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
MAURICE REYNOLDS, DEFENDANT-APPELLANT.

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 7 years, with 5 years' post-release supervision, unanimously modified, on the law, to the extent of vacating the period of post-release supervision and otherwise affirmed, and the matter remanded for further proceedings in accordance with this decision.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Lippman, P.J., Tom, Buckley, Moskowitz, Renwick, JJ.

5284/05

We perceive no basis for reducing the sentence. However, as the People concede, defendant is entitled to a remand for the sole purpose of reconsideration of the length of the term of post-release supervision (see People v Stanley, 309 AD2d 1254 [2003]). Since the sentencing court characterized the five-year period it imposed as "mandatory," it may not have realized that it had the discretion to impose a post-release supervision term of as little as two and one-half years (Penal Law § 70.45[2][f]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081218

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