People v. Sessons

Appellate Division of the Supreme Court of New York

People v. Sessons

121 A.D.3d 1580, 992 N.Y.S.2d 833

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 3, 2014

StatusPublished

This text of 121 A.D.3d 1580 (People v. Sessons) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Sessons, 121 A.D.3d 1580, 992 N.Y.S.2d 833 (N.Y. Ct. App. 2014).

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Opinion

Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered April 12, 2011. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reducing the period of postrelease supervision to a period of IV2 years and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a guilty plea to assault in the second degree (Penal Law § 120.05 [2]) and sentencing him to a three-year determinate term of imprisonment followed by a five-year term of post-release supervision.

We conclude that the sentence is illegal insofar as it imposes a five-year period of postrelease supervision for a class D violent felony (see Penal Law §§ 70.02 [c]; 70.45 [2] [e]). “Although [that] issue was not raised before the [sentencing] court . . . , we cannot allow an [illegal] sentence to stand” (People v Hughes, 112 AD3d 1380, 1381 [2013] [internal quotation marks omitted]). We therefore modify the judgment by reducing the period of postrelease supervision to a period of IV2 years.

[1581]*1581We have considered defendant’s remaining contentions and conclude that they are moot in light of our determination (see People v Swanson, 43 AD3d 1331, 1332 [2007], lv denied 9 NY3d 1010 [2007]).

Present — Centra, J.P, Fahey, Whalen and DeJoseph, JJ.

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Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered April 12, 2011. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reducing the period of postrelease supervision to a period of IV2 years and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a guilty plea to assault in the second degree (Penal Law § 120.05 [2]) and sentencing him to a three-year determinate term of imprisonment followed by a five-year term of post-release supervision.

We conclude that the sentence is illegal insofar as it imposes a five-year period of postrelease supervision for a class D violent felony (see Penal Law §§ 70.02 [c]; 70.45 [2] [e]). “Although [that] issue was not raised before the [sentencing] court . . . , we cannot allow an [illegal] sentence to stand” (People v Hughes, 112 AD3d 1380, 1381 [2013] [internal quotation marks omitted]). We therefore modify the judgment by reducing the period of postrelease supervision to a period of IV2 years.

[1581]*1581We have considered defendant’s remaining contentions and conclude that they are moot in light of our determination (see People v Swanson, 43 AD3d 1331, 1332 [2007], lv denied 9 NY3d 1010 [2007]).

Present — Centra, J.P, Fahey, Whalen and DeJoseph, JJ.

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121 A.D.3d 1580, 992 N.Y.S.2d 833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sessons-nyappdiv-2014.

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