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PEOPLE v. JENNINGS

Ind. No. 1329/18. Appeal No. 13890. Case No. 2019-1904.

194 A.D.3d 581 (2021)

144 N.Y.S.3d 349

2021 NY Slip Op 03264

The People of the State of New York, Respondent, v. Keith Jennings, Appellant.

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

Decided May 20, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Barbara Zolot of counsel), for appellant.

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

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Mendez, JJ.

The court and counsel appear to have been under the mistaken impression that the statutory minimum period of postrelease supervision was three years when in fact, it was 2½ years. Accordingly, we reduce that component of the sentence on each conviction to conform to what the court appears to have intended (see People v Rodriguez, 276 A.D.2d 368, 369 [1st Dept 2000]).

Based on the People's consent as a matter of prosecutorial...

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