Opinion
2011-10-20
The PEOPLE of the State of New York, Respondent,v.Elias McFARLAND, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Lorca Morello of counsel), for appellant.Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of counsel), for respondent.
Order, Supreme Court, New York County (Daniel P. Conviser, J.), entered on or about October 25, 2010, which denied defendant's CPL 440.20 motion to set aside a sentence of the same court (James A. Yates, J.), imposed February 21, 2003, unanimously affirmed.
Instead of postrelease supervision, the sentencing court used the phrase “supervised parole for five years” and stated that this was “part of the sentence too.” While the court misspoke, the nomenclature it used was sufficiently similar to the correct term that there could not have been any ambiguity or misunderstanding ( cf. People v. Carter, 67 A.D.3d 603, 604, 889 N.Y.S.2d 181 [2009], lv. denied 14 N.Y.3d 886, 903 N.Y.S.2d 774, 929 N.E.2d 1009 [2010] [plea not rendered involuntary by misuse of parole to mean PRS] ). Accordingly, there was no violation of defendant's “right to hear the court's pronouncement as to what the entire sentence encompasses, directly from the court” ( People v. Sparber, 10 N.Y.3d 457, 470, 859 N.Y.S.2d 582, 889 N.E.2d 459 [2008] ).
GONZALEZ, P.J., MAZZARELLI, SWEENY, ABDUS–SALAAM, ROMÁN, JJ., concur.