Opinion
02-23-2017
The PEOPLE of the State of New York, Respondent, v. Gerard RODRIGUEZ, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Eve Kessler of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Eve Kessler of counsel), for appellant.Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.
Judgment, Supreme Court, New York County (Melissa C. Jackson, J.), rendered June 11, 2013, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of five years, with five years' postrelease supervision, unanimously modified, on the law, to the extent of vacating the period of postrelease supervision and remanding the matter for further proceedings in accordance with this decision, and otherwise affirmed.
Defendant is entitled to a remand for the sole purpose of reconsideration of the length of the term of postrelease supervision (see People v. Reynolds, 57 A.D.3d 336, 870 N.Y.S.2d 10 [1st Dept.2008], lv. denied 12 N.Y.3d 787, 879 N.Y.S.2d 64, 906 N.E.2d 1098 [2009] ). It appears that the court did not realize that it had the discretion to impose a term of postrelease supervision of as little as 2½ years.
FRIEDMAN, J.P., RICHTER, KAPNICK, KAHN, JJ., concur.