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PEOPLE v. JORDAN

21 A.D.3d 907 (2005)

800 N.Y.S.2d 630

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL D. JORDAN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 6, 2005.

Ordered that the sentence is affirmed insofar as appealed from.

Contrary to the defendant's contention, the County Court did not violate Penal Law § 70.45 by imposing a post-release supervision term of five years for his conviction of assault in the second degree. Pursuant to Penal Law § 70.45 (2), the period of post-release supervision for a determinate sentence "shall be five years except that . . . such period...

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