People v McNeil
2019 NY Slip Op 02958 [171 AD3d 562]
April 18, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 29, 2019


[*1]
 The People of the State of New York, Respondent,
v
Michael McNeil, Appellant.

Justine M. Luongo, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (James J. Wen of counsel), for respondent.

Order, Appellate Term, First Department, entered March 26, 2018, which affirmed an order of the Criminal Court of the City of New York, Bronx County (Raymond L. Bruce, J.), entered on or about November 17, 2014, adjudicating defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

As the Appellate Term concluded, the hearing court properly assessed 15 points under the risk factor for lack of supervised release. Although defendant was placed on postrelease supervision immediately upon his release from incarceration, that supervision was only based on a prior burglary conviction, which was not a qualifying offense for this purpose (see People v Reid, 141 AD3d 156, 157 [1st Dept 2016], lv denied 28 NY3d 901 [2016]). Concur—Richter, J.P., Manzanet-Daniels, Kahn, Gesmer, Oing, JJ. [Prior Case History: 59 Misc 3d 128(A), 2018 NY Slip Op 50387(U).]