SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
March 22, 2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
MICHAEL C. SINGER, DEFENDANT-APPELLANT.
Appeal from a judgment of the Seneca County Court (Dennis F. Bender, J.), entered March 29, 2010.
People v Singer
Released on March 22, 2013
Appellate Division, Fourth Department
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.
PRESENT: SCUDDER, P.J., FAHEY, SCONIERS, VALENTINO, AND MARTOCHE, JJ.
The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment revoking the sentence of probation previously imposed and sentencing him to a determinate term of incarceration, followed by three years of postrelease supervision. Contrary to defendant's contention, we conclude that the record does not establish that County Court " was unaware that it had the ability to exercise its discretion in determining whether to impose a lesser period of postrelease supervision' " (People v McCrimager, 81 AD3d 1324, 1324). We reject defendant's further contention that the duration of the period of postrelease supervision is unduly harsh or severe. Entered: March 22, 2013 Frances E. Cafarell Clerk of the Court
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