People v. Hogue

Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about February 27, 2007, which denied defendant’s CPL 440.10 motion to vacate a judgment, same court and Justice, rendered on or about January 25, 2000, and denied his CPL 440.20 motion to set aside his sentence, unanimously modified, on the law, to the extent of vacating defendant’s sentence and remanding for resentencing, and otherwise affirmed.

Although defendant’s conviction required the imposition of a term of postrelease supervision (PRS), the court did not mention PRS during the plea allocution (see People v…