People v Cozart
2021 NY Slip Op 00859 [191 AD3d 799]
February 10, 2021
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2021


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

James D. Licata, New City, NY (Lois Cappelletti of counsel), for appellant.

Thomas E. Walsh II, District Attorney, New City, NY (Carrie A. Ciganek of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Rockland County (Kevin F. Russo, J.), rendered January 9, 2019, convicting him of attempted assault in the first degree, upon his plea of guilty, and sentencing him to a determinate term of imprisonment of 31/2 years, followed by a period of postrelease supervision of 31/2 years.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the period of postrelease supervision from 31/2 years to 21/2 years; as so modified, the judgment is affirmed.

As the People correctly concede, the period of postrelease supervision imposed at sentencing was greater than the statutory minimum period of 21/2 years (see Penal Law § 70.45 [2] [f]) promised by the County Court at the time the defendant's plea was entered. Therefore, we agree with the People that the defendant's sentence should be modified, in the interest of justice, to the extent indicated.

The defendant's remaining contention is without merit. Dillon, J.P., Chambers, Austin, Hinds-Radix and Christopher, JJ., concur.