Opinion
245
March 15, 2002.
Appeal from a judgment of Monroe County Court (Connell, J.), entered September 13, 2000, convicting defendant of a violation of probation.
Edward J. Nowak, Public Defender, Rochester (Timothy P. Donaher of counsel), for defendant-appellant.
Howard R. Relin, District Attorney, Rochester (Kelly Christine Wolford of counsel), for plaintiff-respondent.
PRESENT: PIGOTT, JR., P.J., PINE, SCUDDER, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously modified on the law by reducing the period of post-release supervision to a period of three years and as modified the judgment is affirmed.
Memorandum:
Defendant admitted to a violation of probation and was sentenced to a three-year determinate term of incarceration and a five-year period of post-release supervision upon the underlying conviction of criminal possession of a weapon in the third degree (Penal Law § 265.02). As the People correctly concede, the sentence is illegal insofar as it imposes a five-year period of post-release supervision ( see, Penal Law § 70.45). We therefore modify the judgment by reducing the period of post-release supervision to a period of three years ( see, e.g., People v. Rawlinson, 280 A.D.2d 943, lv denied 96 N.Y.2d 833; People v. Wingate, 225 A.D.2d 1085, lv denied 88 N.Y.2d 970), the maximum allowed. The sentence as modified is neither unduly harsh nor severe.