| People v Hollis |
| 2017 NY Slip Op 01079 [147 AD3d 1505] |
| February 10, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v BarryHollis, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Kristin M. Preve of counsel), fordefendant-appellant.
Michael J. Flaherty, Jr., Acting District Attorney, Buffalo (David A. Heraty of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), renderedNovember 17, 2014. The judgment convicted defendant, upon his plea of guilty, of sexual abusein the first degree and rape in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously modified on the lawby directing that the periods of postrelease supervision shall run concurrently, and as modifiedthe judgment is affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofsexual abuse in the first degree (Penal Law § 130.65 [3]) and rape in the seconddegree (§ 130.30 [1]). Contrary to defendant's contention, the record establishes thathe knowingly, voluntarily and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d248, 256 [2006]), and that valid waiver encompasses his challenge to the severity of thesentence (see generally People v Lococo, 92 NY2d 825, 827 [1998]; People vHidalgo, 91 NY2d 733, 737 [1998]). We agree with defendant, however, that County Courterred in imposing consecutive periods of postrelease supervision. "Penal Law§ 70.45 (5) (c) requires that the periods of postrelease supervision merge and aresatisfied by the service of the longest unexpired term" (People v Allard, 107 AD3d 1379, 1379 [2013]). "Because wecannot allow an illegal sentence to stand" (id.), we modify the judgment accordingly.Present—Centra, J.P., Peradotto, Curran, Troutman and Scudder, JJ.