| People v Yuson |
| 2011 NY Slip Op 03362 [83 AD3d 1502] |
| April 29, 2011 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Morris B.Yuson, Appellant. |
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Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), renderedDecember 20, 2007. The judgment convicted defendant, upon his plea of guilty, of assault in thesecond degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of assaultin the second degree (Penal Law § 120.05 [2]), defendant contends that his sentence isillegal because County Court imposed a five-year period of postrelease supervision. The Peoplecorrectly concede that, although defendant did not preserve his contention for our review,preservation is not required inasmuch as defendant challenges the legality of his sentence (see People v Ramsey, 59 AD3d1046, 1048 [2009] lv denied 12 NY3d 858 [2009]; People v Fuentes, 52 AD3d 1297,1300-1301 [2008] lv denied 11 NY3d 736 [2008]; People v Fomby, 42 AD3d 894, 896 [2007]). We neverthelessreject defendant's contention.
Defendant's plea of guilty to assault in the second degree, a class D violent felony, was insatisfaction of an indictment charging, inter alia, robbery in the first degree (Penal Law §160.15 [4]) as an armed felony as defined in CPL 1.20 (41) (b). Consequently, defendant wassentenced pursuant to Penal Law § 70.02 (4). Inasmuch as none of the exceptions set forthin former section 70.45 (2) apply herein, the statute mandates the imposition of a five-year periodof postrelease supervision (see generallyPeople v McCants, 54 AD3d 445 [2008]; People v Hanley, 43 AD3d 487 [2007]; People v McQuiller, 19 AD3d1043, 1045 [2005], lv denied 5 NY3d 808 [2005]). Present—Scudder, P.J.,Smith, Lindley, Green and Gorski, JJ.