| People v Ammons |
| 2007 NY Slip Op 05113 [41 AD3d 1325] |
| June 8, 2007 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, August 15, 2007 |
| The People of the State of New York, Respondent, v Alex Maurice Ammons, Appellant. |
—[*1]Counsel's motion to be relieved of assignment denied. Memorandum: Defendant was convicted upon a guilty plea of assault in the second degree (Penal Law § 120.05 [1]). He was sentenced to a determinate term of incarceration of three years together with three years postrelease supervision. Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38 [1979]), and has submitted an affirmation in which he concludes that there are no nonfrivolous issues meriting this Court's consideration. The record establishes that defendant was sentenced as a second felony offender, pursuant to Penal Law § 70.06 [6] [c], and that the sentence included a period of postrelease supervision of less than five years. The facts raise the issue of whether defendant received an illegal sentence (see Penal Law § 70.45 [2]). We therefore deny counsel's motion. (Appeal from Judgment of Monroe County Court, John R. Schwartz, A.J.—Assault, 2nd Degree). Present—Scudder, P.J., Martoche, Smith, Centra and Peradotto, JJ.