People v. Thomas

2021 NY Slip Op 01431, 139 N.Y.S.3d 870, 192 A.D.3d 831

Opinion

People v Thomas (2021 NY Slip Op 01431)

People v Thomas

2021 NY Slip Op 01431

Decided on March 10, 2021

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 10, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
HECTOR D. LASALLE
FRANCESCA E. CONNOLLY
PAUL WOOTEN, JJ.

2019-00968
(Ind. No. 18-00463)

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

v

Andre Thomas, appellant.

Geoffrey E. Chanin, Goshen, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, NY (William C. Ghee of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Robert H. Freehill, J.), rendered December 14, 2018, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

A challenge to the legality of a sentence survives a valid waiver of the right to appeal and may be raised notwithstanding a plea of guilty (see People v Brisco, 174 AD3d 639). However, contrary to the defendant's contention, the County Court did not err in imposing a term of five years of postrelease supervision upon him. The defendant was convicted of assault in the second degree, a class D violent felony (see Penal Law §§ 120.05[2]; 70.02[1][c]), and adjudicated a second felony offender (see Penal Law § 70.06[1]). As a result, the defendant was properly subject to a five-year period of postrelease supervision (see Penal Law §§ 70.45[2]; 70.06[6]; People v Gillard, 126 AD3d 1285, 1285; People v Dozier, 109 AD3d 838, 839; People v Wright, 85 AD3d 1316; People v Hawkins, 45 AD3d 989, 992; People v Jordan, 21 AD3d 907, 908; People v Chestnut, 18 AD3d 965, 966).

DILLON, J.P., LASALLE, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court