PEOPLE v. McCANTS

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

The PEOPLE of the State of New York, Respondent, v. Kenneth McCANTS, Appellant.

Decided: August 07, 2008

Before:  PETERS, J.P., ROSE, LAHTINEN, KAVANAGH and STEIN, JJ. Robert P. Wylie, Plattsburgh, for appellant. Gerald F. Mollen, District Attorney, Binghamton (Rita A. Basile of counsel), for respondent.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered January 5, 2007, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Defendant pleaded guilty to assault in the second degree and was sentenced in accordance with the plea agreement as a second felony offender to three years in prison and five years of postrelease supervision.   Defendant now appeals, asserting that the imposition of five years of postrelease supervision was illegal.   We disagree.   Having pleaded guilty to the class D violent felony of assault in the second degree, defendant was sentenced as a second felony offender pursuant to Penal Law § 70.06(6)(c).  Consequently, defendant was subject to the five-year postrelease supervision period set forth in Penal Law § 70.45(2), as opposed to the postrelease supervision period of 1 to 3 years applicable to those defendants sentenced under Penal Law § 70.02(3) (see People v. Hanley, 43 A.D.3d 487, 487-488, 840 N.Y.S.2d 243 [2007] ).

ORDERED that the judgment is affirmed.

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