Opinion
December 18, 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 seven years, with five years' postrelease supervision, unanimously modified, on the law, to the extent of vacating the period of postrelease supervision and otherwise affirmed, and the matter remanded for further proceedings in accordance with this decision.
Before: Lippman, P.J., Tom, Buckley, Moskowitz and Renwick, JJ.
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). 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 2½ years (Penal Law § 70.45 [f]).