People v King

2015 NY Slip Op 09353 [134 AD3d 546]

December 17, 2015

Appellate Division, First Department

As corrected through Wednesday, February 11, 2015

[*1]

The People of the State of New York,Respondent, v Russell King, Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel),for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Andrew E. Seewald of counsel),for respondent.

Judgment, Supreme Court, New York County (Melissa Jackson, J.), renderedDecember 17, 2013, convicting defendant, upon his plea of guilty, of criminal possessionof a weapon in the second degree and criminal possession of a controlled substance inthe third degree, and sentencing him to an aggregate term of 31/2 years,with five years' postrelease supervision, unanimously affirmed.

Regardless of whether defendant made a valid waiver of his right to appeal, weperceive no basis for reducing defendant's period of postrelease supervision.

Defendant's challenge to the requirement that he register under the Gun OffenderRegistration Act (Administrative Code of City of NY § 10-601 etseq.) is unreviewable on this appeal because it is not part of his sentence (see People v Smith, 15 NY3d669 [2010]; People vRosa, 85 AD3d 587 [2011], lv denied 17 NY3d 861 [2011]). The factthat defendant's sentence and commitment sheet makes a reference to this registrationrequirement does not incorporate it into the court's sentence. Concur—Mazzarelli,J.P., Acosta, Moskowitz and Richter, JJ.