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People v. King

Supreme Court, Appellate Division, First Department, New York.
Dec 17, 2015
134 A.D.3d 546 (N.Y. App. Div. 2015)

Opinion

16428 1364N/13.

12-17-2015

The PEOPLE of the State of New York, Respondent, v. Russell KING, Defendant–Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Andrew E. Seewald of counsel), for respondent.


Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Andrew E. Seewald of counsel), for respondent.

Opinion

Judgment, Supreme Court, New York County (Melissa Jackson, J.), rendered December 17, 2013, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree and criminal possession of a controlled substance in the third degree, and sentencing him to an aggregate term of 3 ½ years, with 5 years' postrelease supervision, unanimously affirmed.

Regardless of whether defendant made a valid waiver of his right to appeal, we perceive no basis for reducing defendant's period of postrelease supervision.

Defendant's challenge to the requirement that he register under the Gun Offender Registration Act (Administrative Code of City of N.Y. § 10–601 et seq.) is unreviewable on this appeal because it is not part of his sentence (see People v. Smith, 15 N.Y.3d 669, 917 N.Y.S.2d 614, 942 N.E.2d 1039 2010; People v. Rosa, 85 A.D.3d 587, 925 N.Y.S.2d 491 2011, lv. denied 17 N.Y.3d 861, 932 N.Y.S.2d 27, 956 N.E.2d 808 2011 ). The fact that defendant's sentence and commitment sheet makes a reference to this registration requirement does not incorporate it into the court's sentence.

MAZZARELLI, J.P., ACOSTA, MOSKOWITZ, RICHTER, JJ., concur.


Summaries of

People v. King

Supreme Court, Appellate Division, First Department, New York.
Dec 17, 2015
134 A.D.3d 546 (N.Y. App. Div. 2015)
Case details for

People v. King

Case Details

Full title:The People of the State of New York, Respondent, v. Russell King…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Dec 17, 2015

Citations

134 A.D.3d 546 (N.Y. App. Div. 2015)
20 N.Y.S.3d 536
2015 N.Y. Slip Op. 9353

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