Opinion
2019–00968 Ind. No. 18–00463
03-10-2021
The PEOPLE, etc., respondent, v. Andre THOMAS, appellant.
Geoffrey E. Chanin, Goshen, NY, for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. (William C. Ghee of counsel), for respondent.
Geoffrey E. Chanin, Goshen, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, N.Y. (William C. Ghee of counsel), for respondent.
MARK C. DILLON, J.P., HECTOR D. LASALLE, FRANCESCA E. CONNOLLY, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (Robert H. Freehill, J.), rendered December 14, 2018, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
A challenge to the legality of a sentence survives a valid waiver of the right to appeal and may be raised notwithstanding a plea of guilty (see People v. Brisco, 174 A.D.3d 639, 101 N.Y.S.3d 898 ). However, contrary to the defendant's contention, the County Court did not err in imposing a term of five years of postrelease supervision upon him. The defendant was convicted of assault in the second degree, a class D violent felony (see Penal Law §§ 120.05[2] ; 70.02[1][c]), and adjudicated a second felony offender (see Penal Law § 70.06[1] ). As a result, the defendant was properly subject to a five-year period of postrelease supervision (see Penal Law §§ 70.45[2] ; 70.06[6]; People v. Gillard, 126 A.D.3d 1285, 1285, 4 N.Y.S.3d 794 ; People v. Dozier, 109 A.D.3d 838, 839, 971 N.Y.S.2d 128 ; People v. Wright, 85 A.D.3d 1316, 924 N.Y.S.2d 670 ; People v. Hawkins, 45 A.D.3d 989, 992, 845 N.Y.S.2d 171 ; People v. Jordan, 21 A.D.3d 907, 908, 800 N.Y.S.2d 630 ; People v. Chestnut, 18 A.D.3d 965, 966, 795 N.Y.S.2d 366 ).
DILLON, J.P., LASALLE, CONNOLLY and WOOTEN, JJ., concur.