SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
February 2, 2010
THE PEOPLE, ETC., RESPONDENT,
LLOYD JEFFERSON, APPELLANT.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered June 5, 2007, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MARK C. DILLON, J.P., JOSEPH COVELLO, HOWARD MILLER and CHERYL E. CHAMBERS, JJ.
(Ind. No. 1414/07)
DECISION & ORDER
ORDERED that the judgment is affirmed.
There is no merit to the defendant's contention that Penal Law § 70.45, which, inter alia, requires a sentencing court to impose a period of postrelease supervision as part of a determinate sentence, is unconstitutional (see Apprendi v New Jersey, 530 US 466; People v Quinones, 12 NY3d 116, 122-123, cert deniedUS, 130 S Ct 104; People v Thompson, 83 NY2d 477, 482; People v Smith, 54 AD3d 974; White v Keane, 969 F2d 1381, 1383). We note that the Attorney General of the State of New York was notified, pursuant to Executive Law § 71, that the defendant was challenging the constitutionality of Penal Law § 70.45, but decided not to intervene.
The defendant's remaining contention regarding postrelease supervision is without merit.
DILLON, J.P., COVELLO, MILLER and CHAMBERS, JJ., concur.
© 1992-2010 VersusLaw Inc.