PEOPLE OF N.Y. v. SMITH

Ordered that the appeal is dismissed.

The Supreme Court sentenced the defendant to a determinate prison term of eight years. Neither the sentencing minutes nor the court's order of commitment mention the imposition of any period of post-release supervision. Therefore, the sentence appealed from does not include any period of post-release supervision ( see Hill v United States ex rel. Wampler, 298 US 460; Earley v Murray, 451 F3d 71, reh denied 462 F3d 147; but see People v Sparber, 34 AD3d 265). As the defendant does not raise any challenge to the sentence actually imposed, his appeal must be dismissed.