| People v Hanyo |
| 2013 NY Slip Op 01094 [103 AD3d 814] |
| February 20, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Karl Hanyo, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (J.Doyle, J.), rendered February 23, 2010, convicting him of attempted burglary in thesecond degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that he should be permitted to withdraw his plea of guiltybecause the County Court imposed a three-year period of postrelease supervision,pursuant to the plea agreement, rather than the authorized period of five years(see Penal Law § 70.45). Although, as the People correctly concede, thesentence was illegal, the defendant is not adversely affected by the illegality of thesentence. Accordingly, his claim is without merit (cf. People v Andrews, 29 AD3d 599 [2006]; People vGray, 181 AD2d 831 [1992]; CPL 470.15 [1]). Dillon, J.P., Angiolillo, Dickersonand Hinds-Radix, JJ., concur.