Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Delgreco McQueen, Appellant
142 A.D.3d 62836 N.Y.S.3d 601·New York Supreme Court, Appellate Division·2016·NY
Hall, J.P., Cohen, Miller and Barros, JJ., concur.
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Opinion
The People of the State of New York, Respondent, v Delgreco McQueen, Appellant.
[36 NYS3d 601]
[MAJORITY]
— 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.