People v McFarland, 2011 NY Slip Op 07346 [88 AD3d 547]

October 20, 2011

Appellate Division, First Department

— [*1]

Steven Banks, The Legal Aid Society, New York (Lorca Morello of counsel), for appellant.

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

Order, Supreme Court, New York County (Daniel P. Conviser, J.), entered on or about October 25, 2010, which denied defendant’s CPL 440.20 motion to set aside a sentence of the same court (James A. Yates, J.), imposed February 21, 2003, unanimously affirmed.

Instead of postrelease supervision, the sentencing court used the phrase “supervised parole for five years” and stated that this was “part of the sentence too.” While the court misspoke, the nomenclature it used was sufficiently similar to the correct term that there could not have been any ambiguity or misunderstanding ( cf. People v Carter , 67 AD3d 603 , 604 [2009], lv denied 14 NY3d 886 [2010] [plea not rendered involuntary by misuse of parole to mean postrelease supervision]). Accordingly, there was no violation of defendant’s “right to hear the court’s pronouncement as to what the entire sentence encompasses, directly from the court” ( People v Sparber , 10 NY3d 457 , 470 [2008]). Concur—Gonzalez, P.J., Mazzarelli, Sweeny, Abdus-Salaam and RomÁn, JJ.

[Prior Case History: 29 Misc 3d 1206(A), 2010 NY Slip Op 51705(U).].