| People v McQueen |
| 2016 NY Slip Op 05818 [142 AD3d 628] |
| August 17, 2016 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Delgreco McQueen, Appellant. |
Gerald Zuckerman, Croton-on-Hudson, NY, for appellant, and appellant pro se.
James A. McCarty, Acting District Attorney, White Plains, NY (Laurie Sapakoff and Steven A. Bender of counsel), for respondent.
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.