Opinion
2013-02-20
The PEOPLE, etc., respondent, v. Karl HANYO, appellant.
Joseph A. Hanshe, Sayville, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.
Joseph A. Hanshe, Sayville, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (J. Doyle, J.), rendered February 23, 2010, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that he should be permitted to withdraw his plea of guilty *451because the County Court imposed a three-year period of postrelease supervision, pursuant to the plea agreement, rather than the authorized period of five years ( seePenal Law § 70.45). Although, as the People correctly concede, the sentence was illegal, the defendant is not adversely affected by the illegality of the sentence. Accordingly, his claim is without merit ( cf. People v. Andrews, 29 A.D.3d 599, 813 N.Y.S.2d 314;People v. Gray, 181 A.D.2d 831, 583 N.Y.S.2d 162;CPL 470.15[1] ).