People v Riddick
2017 NY Slip Op 06514 [153 AD3d 1155]
September 19, 2017
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 1, 2017


[*1]
 The People of the State of New York, Respondent,
v
Joey Riddick, Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Luis Morales of counsel), for respondent.

Appeal from judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered July 7, 2015, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him to a term of 31/2 years, with 5 years postrelease supervision, held in abeyance, and the matter remanded for trial court to clarify whether it intended to sentence the defendant to the minimum period of postrelease supervision allowed, 21/2 years, or the 5 years stated. Concur—Tom, J.P., Richter, Manzanet-Daniels, Mazzarelli and Gische, JJ.