The People, etc., respondent, v. Andrew Jointe, appellant. (2026)

Submitted—April 15, 2026

DECISION & ORDER

Q/

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Danny Chun, J.), imposed October 25, 2023, sentencing him to concurrent determinate terms of imprisonment of 31/212 years, to be followed by 10 years of postrelease supervision, upon his convictions of rape in the third degree and attempted sex trafficking of a child, upon his plea of guilty, on the ground that the periods of postrelease supervision imposed as part of the sentence were excessive.

ORDERED that the sentence is modified, on the law, by reducing the period of postrelease supervision on the conviction of attempted sex trafficking of a child from a period of 10 years to a period of 5 years;  as so modified, the sentence is affirmed.

The period of postrelease supervision imposed with respect to the conviction of attempted sex trafficking of a child was illegal.  “Although the issue was not raised before the sentencing court or on appeal, we cannot allow an illegal sentence to stand” (People v. McAvoy, 181 AD3d 888, 889 [internal quotation marks omitted];  see People v. Singh, 109 AD3d 1010, 1013).  Accordingly, we reduce the sentence to the extent indicated herein.

The periods of postrelease supervision imposed, as modified, were not excessive (see People v. Sanchez, 221 AD3d 734;  People v. Suitte, 90 A.D.2d 80).

BARROS, J.P., BRATHWAITE NELSON, WARHIT, VENTURA and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court