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People v. Jordan

Appellate Division of the Supreme Court of New York, Second Department
Sep 6, 2005
21 A.D.3d 907 (N.Y. App. Div. 2005)

Opinion

2004-02587.

September 6, 2005.

Appeal by the defendant, as limited by his brief, from so much of a sentence of the County Court, Suffolk County (Weber, J.), rendered March 12, 2004, as, upon his conviction of assault in the second degree, upon his plea of guilty, imposed a term of five years of post-release supervision.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.

Before: Krausman, J.P., Mastro, Rivera and Spolzino, JJ., concur.


Ordered that the sentence is affirmed insofar as appealed from.

Contrary to the defendant's contention, the County Court did not violate Penal Law § 70.45 by imposing a post-release supervision term of five years for his conviction of assault in the second degree. Pursuant to Penal Law § 70.45 (2), the period of post-release supervision for a determinate sentence "shall be five years except that . . . such period shall be three years whenever a determinate sentence is imposed pursuant to . . . section 70.02 of this article upon a conviction for a class D or class E violent felony offense." Although assault in the second degree is a class D violent felony, the defendant was adjudicated a second felony offender, and thus sentenced pursuant to Penal Law § 70.06 (6) rather than Penal Law § 70.02. Accordingly, the imposition of a five-year term of post-release supervision was required ( see People v. Chestnut, 18 AD3d 965; People v. Steadman, 308 AD2d 415; People v. Bell, 305 AD2d 694).


Summaries of

People v. Jordan

Appellate Division of the Supreme Court of New York, Second Department
Sep 6, 2005
21 A.D.3d 907 (N.Y. App. Div. 2005)
Case details for

People v. Jordan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL D. JORDAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 6, 2005

Citations

21 A.D.3d 907 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 6613
800 N.Y.S.2d 630

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