May 5, 2026

Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered May 6, 2019, convicting defendant, upon his plea of guilty, of burglary in the second degree and criminal trespass in the second degree, and sentencing him to a prison term of 31/2 years followed by 5 years of postrelease supervision on the burglary count and a concurrent term of one year on the criminal trespass count, unanimously modified, on the law, to the extent of vacating his conviction of criminal trespass in the second degree, and otherwise affirmed.

Defendant did not validly waive his right to appeal, as the record does not establish that defendant had a "full appreciation of the consequences" of the waiver (People v Thomas, 34 NY3d 545, 560 [2019] [internal quotation marks omitted], cert denied 589 US 1302 [2020]). Nevertheless, we perceive no basis for reducing the five-year term of postrelease supervision.

As the People concede, defendant's conviction and sentence for criminal trespass in the second degree must be vacated because he "did not plead guilty to that offense" (People v Alexander, 62 AD3d 719, 720 [2d Dept 2009], lv denied 13 NY3d 794 [2009]; see also People v Rosario, 22 AD3d 871, 872 [2d Dept 2005], lv denied 6 NY3d 780 [2006]). Concur—Manzanet-Daniels, J.P., Kapnick, Rodriguez, Pitt-Burke, O'Neill Levy, JJ.