Narrative Opinion Summary
The Onondaga County Court judgment, rendered on April 12, 2011, convicted the defendant of assault in the second degree following a guilty plea, sentencing him to a three-year determinate prison term and a five-year post-release supervision period. The appellate court found the five-year post-release supervision to be illegal for a class D violent felony, as per Penal Law provisions. Despite the issue not being raised during sentencing, the court determined it could not permit an illegal sentence to remain. Consequently, the judgment was modified to reduce the post-release supervision period to 1.5 years, while affirming the rest of the judgment. Other contentions raised by the defendant were deemed moot in light of this decision.
Legal Issues Addressed
Illegal Sentence Adjustmentsubscribe to see similar legal issues
Application: The court identified and corrected an illegal sentence regarding post-release supervision, even though the issue was not raised during sentencing.
Reasoning: The appellate court found the five-year post-release supervision to be illegal for a class D violent felony, as per Penal Law provisions.
Judicial Authority to Modify Sentencessubscribe to see similar legal issues
Application: The court exercised its authority to modify the defendant's sentence to ensure compliance with statutory requirements, reducing the post-release supervision period.
Reasoning: Consequently, the judgment was modified to reduce the post-release supervision period to 1.5 years, while affirming the rest of the judgment.
Mootness of Additional Contentionssubscribe to see similar legal issues
Application: The court determined that additional arguments presented by the defendant were rendered moot by the decision to correct the sentencing error.
Reasoning: Other contentions raised by the defendant were deemed moot in light of this decision.