AD1: Decisions for May 10, 2007

Postrelease supervision period reduced because sentencing judge promised the minimum but gave the max

People v Marrero, 2007 NY Slip Op 04038 [available here]

Defendant pleaded guilty to Criminal Possession of a Controlled Substance in the Fourth Degree. At sentencing, the court said it was imposing "the minimum period of post-release supervision permitted by law," which would be 1 1/2 years. (Marrero, 2007 NY Slip Op 04038.) The period actually imposed was two years. (Id. at __.) The People on appeal conceded that the period of postrelease supervision should be reduced to 1 1/2 years as per the sentencing judge's statement promising the minimum term. (Id.) The First Department accepted the People's concession and lopped off six months of the postrelease supervision. (Id.)