Opinion
08-17-2016
The PEOPLE, etc., respondent, v. Delgreco McQUEEN, appellant.
Gerald Zuckerman, Croton–on–Hudson, N.Y., for appellant, and appellant pro se. James A. McCarty, Acting District Attorney, White Plains, N.Y. (Laurie Sapakoff and Steven A. Bender of counsel), for respondent.
Gerald Zuckerman, Croton–on–Hudson, N.Y., for appellant, and appellant pro se.
James A. McCarty, Acting District Attorney, White Plains, N.Y. (Laurie Sapakoff and Steven A. Bender of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered November 18, 2014, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, since he was sentenced as a second felony offender pursuant to Penal Law § 70.06, the County Court properly imposed a mandatory five-year term of postrelease supervision upon his conviction of attempted criminal possession of a weapon in the second degree (see Penal Law §§ 70.45[2] ; 110.00, 265.03; People v. Motley, 56 A.D.3d 1158, 1159, 867 N.Y.S.2d 809 ; People v. Lockett, 303 A.D.2d 947, 755 N.Y.S.2d 685 ; see also People v. Helmus, 125 A.D.3d 884, 885, 4 N.Y.S.3d 116 ).
The defendant's remaining contention, raised in his pro se supplemental brief, is without merit.
HALL, J.P., COHEN, MILLER and BARROS, JJ., concur.