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People v. Waldron

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 16, 2000
273 A.D.2d 860 (N.Y. App. Div. 2000)

Opinion

June 16, 2000.

Appeal from Judgment of Genesee County Court, Noonan, J. — Attempted Burglary, 2nd Degree.

PRESENT: GREEN, J. P., HAYES, HURLBUTT AND KEHOE, JJ.


Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of attempted burglary in the second degree (Penal Law § 110.00, 140.25 Penal). Defendant contends that County Court erred in failing to specify at sentencing the period of postrelease supervision ( see, Penal Law § 70.45). By not raising that contention at the time of sentencing, defendant has failed to preserve it for our review ( see, People v. Miller, 270 A.D.2d 893 [decided Mar. 29, 2000]). In any event, we note that, although the court did not specify the period of postrelease supervision at sentencing, it advised defendant during the plea colloquy that he would be subject to a period of postrelease supervision ranging from 1 1/2 to 3 years and that the court could impose the maximum period thereof at sentencing. The sentence, including the period of postrelease supervision, is neither unduly harsh nor severe.


Summaries of

People v. Waldron

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 16, 2000
273 A.D.2d 860 (N.Y. App. Div. 2000)
Case details for

People v. Waldron

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. SHANE T…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 16, 2000

Citations

273 A.D.2d 860 (N.Y. App. Div. 2000)
710 N.Y.S.2d 273

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