People v Hanyo
2013 NY Slip Op 01094 [103 AD3d 814]
February 20, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 27, 2013


The People of the State of New York, Respondent,
v
Karl Hanyo, Appellant.

[*1] Joseph A. Hanshe, Sayville, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (J. Doyle, J.), rendered February 23, 2010, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that he should be permitted to withdraw his plea of guilty because the County Court imposed a three-year period of postrelease supervision, pursuant to the plea agreement, rather than the authorized period of five years (see Penal Law § 70.45). Although, as the People correctly concede, the sentence was illegal, the defendant is not adversely affected by the illegality of the sentence. Accordingly, his claim is without merit (cf. People v Andrews, 29 AD3d 599 [2006]; People v Gray, 181 AD2d 831 [1992]; CPL 470.15 [1]). Dillon, J.P., Angiolillo, Dickerson and Hinds-Radix, JJ., concur.