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PEOPLE v. REYNOLDS

Appellate Division of the Supreme Court of New York, First Department.
Dec 18, 2008
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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]).