Defendant was charged in an indictment with three counts of burglary in the first degree. He pleaded guilty to attempted burglary in the second degree, a class D violent felony, in full satisfaction of the indictment and waived his right to appeal. At the time of the plea, County Court advised defendant that, in addition to a term of imprisonment, his sentence would include a five-year period of postrelease supervision. Prior to sentencing, it was discovered that defendant had been previously convicted of criminal possession of a controlled substance in the fourth degree, a class C felony. County Court sentenced him on the attempted burglary conviction to a three-year prison term, to be followed by a five-year period of postrelease supervision. Defendant's sole contention on appeal is that County Court erred in imposing upon him a five-year period of postrelease supervision, as opposed to a three-year period.
Initially, we note that Penal Law § 70.45 (2) provides, in pertinent part, that: "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 of imprisonment is imposed pursuant to section 70.02 of this article upon a conviction for a class D or class E violent felony offense . . ." The statutory scheme generally contemplates a five-year period of postrelease supervision for a defendant sentenced to a determinate term, unless the defendant was sentenced as a violent felon under Penal Law § 70.02, in which case the three-year period of postrelease supervision is applicable. In the case at bar, defendant was not sentenced under Penal Law § 70.02, but was sentenced as a second felony offender under Penal Law § 70.06 (6). Courts have imposed the five-year period of postrelease supervision upon defendants sentenced as second violent felony offenders ( see e.g. People v. Reed, 6 AD3d 554, 555, lv denied 3 NY3d 661; People v. Robinson, 297 AD2d 827, 827, lv denied 99 NY2d 563; People v. Goss, 286 AD2d 180, 183) and no exception for defendants convicted of multiple felonies is provided for in Penal Law § 70.45 (2). Consequently, we find that County Court properly imposed a five-year period of postrelease supervision upon defendant in this case.
Ordered that the judgment is affirmed. [Prior decision recalled and vacated and new decision substituted therefor by unpublished order entered June 20, 2005.]