| People v Morrisohn |
| 2013 NY Slip Op 07751 [111 AD3d 853] |
| November 20, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v William Morrisohn, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Middletown, N.Y. (Elizabeth L. Guinup ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered January 13, 2012, convicting him of attempted burglary in the seconddegree, upon his plea of guilty, and sentencing him to a determinate term ofimprisonment of 3½ years plus a period of five years of postrelease supervision.The appeal brings up for review a permanent order of protection issued at the time ofsentencing.
Ordered that the judgment is modified, on the law, by vacating the period of fiveyears of postrelease supervision; as so modified, the judgment is affirmed, and the matteris remitted to the County Court, Orange County, for the imposition of an appropriateperiod of postrelease supervision in accordance with Penal Law § 70.45 (2) (e).
Although the defendant's contention concerning the duration of the order ofprotection survives his valid waiver of his right to appeal (see People v Cedeno, 107AD3d 734 [2013], lv denied 21 NY3d 1041 [2013]), the defendant failed topreserve this contention for appellate review (see id.; CPL 470.05 [2]; People v Nieves, 2 NY3d310, 316-318 [2004]). We decline to review it in the exercise of our interest ofjustice jurisdiction (see People v Cedeno, 107 AD3d at 734).
As the defendant contends and the People correctly concede, the period ofpostrelease supervision imposed at sentencing exceeds the statutory maximum (seePenal Law § 70.45 [2] [e]). Accordingly, we remit the matter to the CountyCourt, Orange County, for the imposition of an appropriate period of postreleasesupervision in accordance with Penal Law § 70.45 (2) (e). Eng, P.J., Angiolillo,Balkin and Hall, JJ., concur.