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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL D. JORDAN, Appellant.

Ordered that the sentence is affirmed insofar as appealed from.

Contrary to the defendant's contention, the County Court did not violate Penal Law § 70.45 by imposing a post-release supervision term of five years for his conviction of assault in the second degree. Pursuant to Penal Law § 70.45 (2), the period of post-release supervision for a determinate sentence "shall be five years except that . . . such period shall be three years whenever a determinate sentence is imposed pursuant to . . . section 70.02 of this article upon a conviction for a class D or class E violent felony offense." Although assault in the second degree is a class D violent felony, the defendant was adjudicated a second felony offender, and thus sentenced pursuant to Penal Law § 70.06 (6) rather than Penal Law § 70.02. Accordingly, the imposition of a five-year term of post-release supervision was required ( see People v. Chestnut, 18 AD3d 965; People v. Steadman, 308 AD2d 415; People v. Bell, 305 AD2d 694).

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PEOPLE v. JORDAN
(Sep 6, 2005)