Opinion
KA 01-02208
December 30, 2002.
Appeal from a judgment of Genesee County Court (Noonan, J.), entered September 7, 2001, convicting defendant upon his plea of guilty of attempted burglary in the second degree.
MARY ANN BLIZNIK, CLARENCE, FOR DEFENDANT-APPELLANT.
LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (DAVID E. GANN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., PINE, HURLBUTT, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Contrary to defendant's contention, County Court was not required to specify a period of postrelease supervision at the time of the plea or at sentencing and thus resentencing is not required ( see People v. Bloom, 269 A.D.2d 838, lv denied 94 N.Y.2d 945). Where, as here, the court fails to specify a shorter period, the period of postrelease supervision for the determinate sentence imposed upon defendant's conviction of attempted burglary in the second degree (Penal Law § 110.00, 140.25), a class D violent felony offense (§ 70.02 [1] [c]), is three years ( see § 70.45 [2]; People v. Skye, 298 A.D.2d 889 [Oct. 1, 2002]; see also People v. White, 296 A.D.2d 867).