People v. Morrisohn

Nov 20, 2013
Versions:111 A.D.3d 853
975 N.Y.S.2d 350

Ordered that the judgment is modified, on the law, by vacating the period of five years of postrelease supervision; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for the imposition of an appropriate period of postrelease supervision in accordance with Penal Law § 70.45 (2) (e).

Although the defendant‘s contention concerning the duration of the order of protection survives his valid waiver of his right to appeal (see People v Cedeno, 107 AD3d 734 [2013], lv denied 21 NY3d 1041 [2013]), the defendant failed to preserve this contention for appellate review (see id.; CPL 470.05 [2]; People v Nieves, 2 NY3d 310, 316-318 [2004]). We decline to review it in the exercise of our interest of justice jurisdiction (see People v Cedeno, 107 AD3d at 734).

As the defendant contends and the People correctly concede, the period of postrelease supervision imposed at sentencing exceeds the statutory maximum (see Penal Law § 70.45 [2] [e]). Accordingly, we remit the matter to the County Court, Orange County, for the imposition of an appropriate period of postrelease supervision in accordance with Penal Law § 70.45 (2) (e). Eng, P.J., Angiolillo, Balkin and Hall, JJ., concur.