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PEOPLE v. REYNOLDS

57 A.D.3d 336 (2008)

870 N.Y.S.2d 10

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE REYNOLDS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

December 18, 2008.

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 A.D.2d 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...

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