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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUISE ADAMS, Appellant.

The record contradicts defendant's assertion that the court failed to exercise its discretion in fixing a term of postrelease supervision. Such supervision was automatically included in defendant's sentence (Penal Law § 70.45), and the statutory period of supervision on a class C violent felony conviction is automatically five years (Penal Law § 70.45) unless the court specifies a shorter period ( see People v. Hollenbach, 307 AD2d 776, lv denied 100 NY2d 642). Therefore, the court's use of the phrase "the appropriate post-release supervision time," without any reference to a specific period, was clearly intended to mean that the default period of five years would be applicable.

We perceive no basis for reducing the sentence.

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PEOPLE v. ADAMS
(Dec 2, 2004)