PEOPLE v. MAISONET (2007)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Ronnie MAISONET, Defendant-Appellant.

Decided: December 18, 2007

TOM, J.P., FRIEDMAN, WILLIAMS, McGUIRE, KAVANAGH, JJ.

Steven Banks, The Legal Aid Society, New York (Amy Donner of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Susan Axelrod of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered June 22, 2005, convicting defendant, upon his plea of guilty, of attempted murder in the second degree and sentencing him to 12 years, plus 5 years post-release supervision, unanimously affirmed.

The record does not establish that defendant's sentence was based on any improper criteria and we perceive no basis for reducing the sentence. Defendant's arguments concerning the manner in which post-release supervision was imposed do not warrant any remedy. The court actually addressed post-release supervision at sentencing (compare People v. Williams, 44 A.D.3d 335, 843 N.Y.S.2d 561 [2007] ), as well as during the plea proceedings and by way of the commitment sheet.

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