Judge’s Mistaken Belief Period of Post-Release Supervision Was Mandatory Required Resentencing.

Resentencing was required where the sentencing judge indicated the five-year post-release supervision was mandatory.  There was, however, an applicable exception to the five-year rule which the judge had the discretion to impose.  (Penal Law section 70.45 former [2]).  People vs Whitmore, 104652 Third Dept. 2-14-13