PEOPLE v. WITBECK

Defendant entered a negotiated plea of guilty to sexual abuse in the first degree and was sentenced to a determinate sentence of two years and three years of postrelease supervision. Defendant appeals, contending that the three-year postrelease supervision period was harsh and excessive. Where a sentence is within the permissible statutory range, it will not be disturbed absent an abuse of discretion by the sentencing court or the existence of extraordinary circumstances warranting a modification thereof (see People v. Morris, 275 A.D.2d 818, lv denied 96 N.Y.2d 737; People v. Journey, 260 A.D.2d 863). Although County Court imposed the maximum postrelease supervision period permitted by statute (see Penal Law § 70.45), our review of the record establishes no basis to disturb the sentence imposed.

Cardona, P.J., Peters, Spain, Rose and Kane, JJ., concur.

ORDERED that the judgment is affirmed.