People v. Dumbuya

2018 NY Slip Op 1478

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 7, 2018
• Docket: 2016-09996
• Status: Published

Opinion

People v Dumbuya (2018 NY Slip Op 01478)

People v Dumbuya

2018 NY Slip Op 01478

Decided on March 7, 2018

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 7, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.

2016-09996
(Ind. No. 16-00008)

[*1]The People of the State of New York, respondent,

v

Yusufu Dumbuya, appellant.

Mark Diamond, New York, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (William C. Milaccio of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Westchester County (Susan M. Capeci, J.), rendered August 24, 2016, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the County Court did not impose a period of postrelease supervision in addition to the definite term of imprisonment imposed upon his conviction of criminal sale of a controlled substance in the third degree. The court properly imposed only a definite term of imprisonment of nine months upon his conviction of that crime (see Penal Law §§ 70.45[1]; 70.70[2][c]).

DILLON, J.P., SGROI, HINDS-RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court