THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JERMAINE HARRISON DEFENDANT APPELLANT (2011)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JERMAINE HARRISON, DEFENDANT–APPELLANT.

KA 10–01174

Decided: April 29, 2011

PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND GREEN, JJ.

SCOTT P. FALVEY, CANANDAIGUA, FOR DEFENDANT–APPELLANT. R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (JEFFREY L. TAYLOR OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by reducing the period of postrelease supervision imposed on each count to a period of two years and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the third degree (Penal Law § 220.16[1] ) and criminal sale of a controlled substance in the third degree (§ 220.39[1] ). As the People correctly concede, County Court erred in imposing three-year periods of postrelease supervision for those counts, which are class B drug felonies (see § 70.45[2][b]; § 70.70[2][a] ). We therefore modify the judgment by reducing the period of postrelease supervision imposed on each count to a period of two years (see e.g. People v. Norman, 66 AD3d 1473, 1474, lv denied 13 NY3d 940), the maximum period allowed. The sentence as modified is not unduly harsh or severe.

Patricia L. Morgan

Clerk of the Court

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