Opinion
Decided December 18, 2008.
APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered January 29, 2008. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Arlene R. Silverman, J., at suppression hearing; William A. Wetzel, J., at jury trial and sentence), which had convicted defendant, upon a jury verdict, of two counts of robbery in the second degree.
People v Collado, 47 AD3d 547, modified.
Center for Appellate Litigation, New York City ( Bruce D. Austern of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York City ( Paula-Rose Stark of counsel), for respondent.
OPINION OF THE COURT
The order of the Appellate Division should be modified to the extent of remitting this matter to Supreme Court for resentencing, and otherwise affirmed.
Because Supreme Court failed to pronounce the term of defendant's mandatory postrelease supervision in his presence, this matter must be remitted to Supreme Court for a resentencing proceeding ( see People v Sparber, 10 NY3d 457, 469-471). We have considered defendant's remaining arguments, concerning the propriety of his arrest, and conclude that they are meritless.
Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order modified by remitting to Supreme Court, New York County, for resentencing and, as so modified, affirmed, in a memorandum.