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The People of the State of New York, Respondent v. Michael C. Singer

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,
v.
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

20130322

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