| People v Surdis |
| 2018 NY Slip Op 05539 [163 AD3d 1363] |
| July 26, 2018 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Kristopher J. Surdis, Appellant. |
John Ferrara, Monticello, for appellant.
John L. Hubbard, District Attorney, Delhi (Sean T. Becker of counsel), for respondent.
Appeal from a judgment of the County Court of Delaware County (Lambert, J.), rendered July 8, 2016, convicting defendant upon his plea of guilty of the crime of falsely reporting an incident in the first degree.
In satisfaction of a one-count indictment, defendant pleaded guilty to falsely reporting an incident in the first degree, a class D violent felony (see Penal Law §§ 70.02 [1] [c]; 240.60 [1]), and waived his right to appeal. In accordance with the terms of the plea agreement, he was sentenced as a second violent felony offender to five years in prison to be followed by five years of postrelease supervision. He now appeals.
Defendant's sole claim is that the sentence is illegal because County Court imposed a
five-year period of postrelease supervision when only a period from 1
McCarthy, J.P., Lynch, Devine, Clark and Aarons, JJ., concur. Ordered that the judgment is affirmed.