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PEOPLE v. TOSCANO

61 A.D.3d 464 (2009)

876 N.Y.S.2d 398

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL TOSCANO, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 9, 2009.

In its oral pronouncement of sentence, the court imposed a one-year period of postrelease supervision for the attempted possession conviction. That term was illegally low, and, as both sides agree, the replacement of that period with a lawful period of 1½ years by way of the commitment sheet was ineffective under People v Sparber (10 N.Y.3d 457 [2008]). The proper remedy is a remand for resentencing, and defendant's argument...

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