People v Arujo
2010 NY Slip Op 09343 [79 AD3d 550]
December 16, 2010)
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


The People of the State of New York, Respondent,
v
Raymond Arujo, Appellant.

—[*1] Robert S. Dean, Center for Appellant Litigation, New York (Jody Ratner of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jean Soo Park of counsel), for respondent.

Judgment of resentence, Supreme Court, Bronx County (Margaret L. Clancy, J.), rendered December 2, 2009, resentencing defendant to a term of two years, with two years' postrelease supervision (PRS), unanimously affirmed.

The court provided a sufficient reduction of sentence pursuant to CPL 440.46, and we perceive no basis for reducing defendant's term of postrelease supervision to one year. The resentencing court's stated intention to impose the minimum sentence clearly referred only to the prison term, and there is no evidence that the court was mistaken as to the minimum PRS term available. Concur—Gonzalez, P.J., Catterson, Acosta, Richter and Abdus-Salaam, JJ.