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People v. Clemmons

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 24, 2019
171 A.D.3d 1207 (N.Y. App. Div. 2019)

Opinion

2017–05820 S.C.I. No. 87/17

04-24-2019

The PEOPLE, etc., Respondent, v. Tyreze S. CLEMMONS, Appellant.

Steven A. Feldman, Uniondale, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.


Steven A. Feldman, Uniondale, NY, for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.

JOHN M. LEVENTHAL, J.P., BETSY BARROS, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Peter M. Forman, J., at plea; Edward T. McLoughlin, J., at sentence), rendered May 2, 2017, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the component of his sentence which imposed a four-year term of postrelease supervision was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

The defendant's contention regarding the imposition of the mandatory surcharge is unpreserved for appellate review (see CPL 470.05[2] ; People v. Moss, 166 A.D.3d 655, 656, 84 N.Y.S.3d 915 ), and we decline to reach it in the exercise of our interest of justice jurisdiction.

LEVENTHAL, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.


Summaries of

People v. Clemmons

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 24, 2019
171 A.D.3d 1207 (N.Y. App. Div. 2019)
Case details for

People v. Clemmons

Case Details

Full title:The People of the State of New York, respondent, v. Tyreze S. Clemmons…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Apr 24, 2019

Citations

171 A.D.3d 1207 (N.Y. App. Div. 2019)
171 A.D.3d 1207
2019 N.Y. Slip Op. 3069