Opinion
December 28, 2000.
Judgment, Supreme Court, Bronx County (Laura Safer-Espinoza, J. at plea; Ruth Levine Sussman, J. at sentence), rendered March 29, 1999, convicting defendant of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 3 years and a 5 year period of post-release supervision, unanimously modified, on the law, to the extent of deleting the period of post-release supervision, and otherwise affirmed.
David S. Weisel, for respondent.
Allen Fallek, for defendant-appellant.
Before: Rosenberger, J.P., Nardelli, Williams, Mazzarelli, Friedman, JJ.
As the People correctly concede, since the instant crime occurred prior to the effective date of Penal Law § 70.45, imposition of post-release supervision was unauthorized.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.