People v McCants
2008 NY Slip Op 06513 [54 AD3d 445]
August 7, 2008
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 24, 2008


The People of the State of New York, Respondent, v Kenneth McCants, Appellant.

[*1] Robert P. Wylie, Plattsburgh, for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Rita A. Basile of counsel), for respondent.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered January 5, 2007, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Defendant pleaded guilty to assault in the second degree and was sentenced in accordance with the plea agreement as a second felony offender to three years in prison and five years of postrelease supervision. Defendant now appeals, asserting that the imposition of five years of postrelease supervision was illegal. We disagree. Having pleaded guilty to the class D violent felony of assault in the second degree, defendant was sentenced as a second felony offender pursuant to Penal Law § 70.06 (6) (c). Consequently, defendant was subject to the five-year postrelease supervision period set forth in Penal Law § 70.45 (2), as opposed to the postrelease supervision period of 1½ to 3 years applicable to those defendants sentenced under Penal Law § 70.02 (3) (see People v Hanley, 43 AD3d 487, 487-488 [2007]).

Peters, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ., concur. Ordered that the judgment is affirmed.