Opinion
2013-03-22
The PEOPLE of the State of New York, Respondent, v. Michael C. SINGER, Defendant–Appellant.
Appeal from a judgment of the Seneca County Court (Dennis F. Bender, J.), entered March 29, 2010. The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment. J. Scott Porter, Seneca Falls, for Defendant–Appellant. Barry L. Porsch, District Attorney, Waterloo, for Respondent.
Appeal from a judgment of the Seneca County Court (Dennis F. Bender, J.), entered March 29, 2010. The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.
J. Scott Porter, Seneca Falls, for Defendant–Appellant. Barry L. Porsch, District Attorney, Waterloo, for Respondent.
MEMORANDUM:
Defendant appeals from a judgment revoking the sentence of probation previously imposed and sentencing him to a determinate term of incarceration, followed by three years of postrelease supervision. Contrary to defendant's contention, we conclude that the record does not establish that County Court “ ‘was unaware that it had the ability to exercise its discretion in determining whether to impose a lesser period of postrelease supervision’ ” ( People v. McCrimager, 81 A.D.3d 1324, 1324, 916 N.Y.S.2d 392). We reject defendant's further contention that the duration of the period of postrelease supervision is unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.