| People v McCants |
| 2008 NY Slip Op 06513 [54 AD3d 445] |
| August 7, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v KennethMcCants, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Rita A. Basile of counsel), forrespondent.
Appeal from a judgment of the County Court of Broome County (Smith, J.), renderedJanuary 5, 2007, convicting defendant upon his plea of guilty of the crime of assault in thesecond degree.
Defendant pleaded guilty to assault in the second degree and was sentenced in accordancewith the plea agreement as a second felony offender to three years in prison and five years ofpostrelease supervision. Defendant now appeals, asserting that the imposition of five years ofpostrelease supervision was illegal. We disagree. Having pleaded guilty to the class D violentfelony of assault in the second degree, defendant was sentenced as a second felony offenderpursuant to Penal Law § 70.06 (6) (c). Consequently, defendant was subject to thefive-year postrelease supervision period set forth in Penal Law § 70.45 (2), as opposed tothe postrelease supervision period of 1� to 3 years applicable to those defendants sentencedunder Penal Law § 70.02 (3) (seePeople v Hanley, 43 AD3d 487, 487-488 [2007]).
Peters, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ., concur. Ordered that the judgment isaffirmed.