| People v Surdis |
| 2018 NY Slip Op 05539 [163 AD3d 1363] |
| July 26, 2018 |
| Appellate Division, Third Department |
[*1]
| 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.), renderedJuly 8, 2016, convicting defendant upon his plea of guilty of the crime of falsely reporting anincident in the first degree.
In satisfaction of a one-count indictment, defendant pleaded guilty to falsely reporting anincident 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 accordancewith the terms of the plea agreement, he was sentenced as a second violent felony offender tofive 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 afive-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 isaffirmed.
Footnote *:Defendant's challenge to thelegality of the sentence is not precluded by his unchallenged waiver of the right to appeal (see People v Blair, 140 AD3d1478, 1479 [2016], lv denied 28 NY3d 927 [2016]).