Appellate Division of the Supreme Court of New York, 2008

People v. Reynolds

People v. Reynolds
Appellate Division of the Supreme Court of New York · Decided December 18, 2008
57 A.D.3d 336; 870 N.Y.2d 10
People v. Reynolds

Opinion of the Court

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 postrelease 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 postrelease supervision term of as little as 21/2 years (Penal Law § 70.45 [2] [f]). Concur—Lippman, P.J., Tom, Buckley, Moskowitz and Renwick, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.