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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. STEPHEN W. THWEATT, DEFENDANT-APPELLANT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Contrary to defendant's contention, County Court was not required to specify a period of postrelease supervision at the time of the plea or at sentencing and thus resentencing is not required ( see People v. Bloom, 269 A.D.2d 838, lv denied 94 N.Y.2d 945). Where, as here, the court fails to specify a shorter period, the period of postrelease supervision for the determinate sentence imposed upon defendant's conviction of attempted burglary in the second degree (Penal Law § 110.00, 140.25), a class D violent felony offense (§ 70.02 [1] [c]), is three years ( see § 70.45 [2]; People v. Skye, 298 A.D.2d 889 [Oct. 1, 2002]; see also People v. White, 296 A.D.2d 867).

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PEOPLE v. THWEATT
(Dec 30, 2002)