Defendant was convicted, on his guilty plea, of attempted kidnapping in the first degree, a class B violent felony, and sentenced to a term of 10 years, the minimum sentence prescribed by law for a second violent felony offender (Penal Law § 70.04 [a]). On this motion, defendant asserts that the court failed to advise him, either at plea or at sentence, that the term of incarceration would be followed by a five-year period of postrelease supervision, as mandated by statute (Penal Law § 70.45, [2]). He contends that such sentence does not comport with the 10-year term he was promised in exchange for his guilty plea ( see People v Catu, 4 NY3d 242, 245). However, defendant does not seek to vacate his plea but requests modification of his sentence to a five-year prison term followed by the mandated five-year period of postrelease supervision.
It is settled that a defendant's remedy for a Catu violation is withdrawal of the plea and restoration of the defendant's pre-agreement status ( People v Hill, 9 NY3d 189, 191, cert denied 553 US ___, 128 S Ct 2430). Where the defendant does not seek to vacate his plea and the sentence imposed is not in compliance with statutory requirements, the matter must be remanded for pronouncement of a legal sentence to correct the procedural error ( People v Sparber, 10 NY3d 457).