People v Ellis
2004 NYSlipOp 06666
Decided on September 21, 2004
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.






Decided and Entered: September 21, 2004



[*1]THE PEOPLE OF THE
STATE OF NEW YORK,
Respondent,

v


v

JEROME ELLIS, Appellant.
DECISION AND ORDER

ON MOTION

Motion for reconsideration.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the final paragraph of the decision and order, dated and entered June 17, 2004, is amended to read as follows:

"We do not find merit in defendant's argument that County Court improperly imposed a five-year period of postrelease supervision. The period of postrelease supervision is five years based on defendant's status as a second felony offender (see Penal Law § 70.45 [2]; People v Matthews, 306 AD2d 863, 864 [2003]; People v Lockett, 303 AD2d 947, 948 [2003], lv denied 1 NY3d 575 [2003])."

The decretal paragraph of said decision and order is amended to read as follows:

"ORDERED that the judgment is affirmed."
CARDONA, P.J., MERCURE, CREW III, PETERS and KANE, JJ., concur.