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People v. McQueen

142 A.D.3d 628 Court N.Y. App. Div. Decision date 2016-08-17 English

Judges Hall, J.P., Cohen, Miller and Barros, JJ., concur.

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p. 628
The People of the State of New York, Respondent, v Delgreco McQueen, Appellant.
[36 NYS3d 601]

— Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered November 18, 2014, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, since he was sentenced as a second felony offender pursuant to Penal Law § 70.06, the County Court properly imposed a mandatory five-year term of postrelease supervision upon his conviction of attempted criminal possession of a weapon in the second degree (see Penal Law §§ 70.45 [2]; 110.00, 265.03; People v Motley, 56 AD3d 1158 , 1159 [2008]; People v Lockett, 303 AD2d 947 [2003]; see also People v Helmus, 125 AD3d 884 , 885 [2015]).

The defendant’s remaining contention, raised in his pro se supplemental brief, is without merit.

Hall, J.P., Cohen, Miller and Barros, JJ., concur.

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