People v Dumbuya, 2018 NY Slip Op 01478 [159 AD3d 717]

March 7, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Yusufu Dumbuya, Appellant.

Mark Diamond, New York, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (William C. Milaccio of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Susan M. Capeci, J.), rendered August 24, 2016, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the County Court did not impose a period of postrelease supervision in addition to the definite term of imprisonment imposed upon his conviction of criminal sale of a controlled substance in the third degree. The court properly imposed only a definite term of imprisonment of nine months upon his conviction of that crime ( see Penal Law §§ 70.45 [1]; 70.70 [2] [c]). Dillon, J.P., Sgroi, Hinds-Radix, Brathwaite Nelson and Iannacci, JJ., concur..