People v McQueen, 2016 NY Slip Op 05818 [142 AD3d 628]

August 17, 2016

Appellate Division, Second Department

[*1]

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..