PEOPLE v. SMITH (2007)

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

The PEOPLE, etc., respondent, v. Rakim SMITH, appellant.

Decided: February 06, 2007

STEPHEN G. CRANE, J.P., DAVID S. RITTER, STEVEN W. FISHER, and JOSEPH COVELLO, JJ.

Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, Suzanne H. Sullivan, and Karen Wigle-Weiss of counsel), for respondent.

Appeal by the defendant from a sentence of the Supreme Court, Queens County (Blackburne, J.), imposed March 29, 2000.

ORDERED that the appeal is dismissed.

The Supreme Court sentenced the defendant to a determinate prison term of eight years. Neither the sentencing minutes nor the court's order of commitment mention the imposition of any period of post-release supervision. Therefore, the sentence appealed from does not include any period of post-release supervision (see Hill v. U.S. ex rel. Wampler, 298 U.S. 460, 56 S.Ct. 760, 80 L.Ed. 1283; Earley v. Murray, 451 F.3d 71, rehearing denied 462 F.3d 147; but see People v. Sparber, 34 A.D.3d 265, 823 N.Y.S.2d 405). As the defendant does not raise any challenge to the sentence actually imposed, his appeal must be dismissed.

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