PEOPLE v. REYNOLDS (2008)

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.

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 A.D.2d 1254, 767 N.Y.S.2d 712 [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] ).