It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reducing the period of postrelease supervision to a period of three years and as modified the judgment is affirmed, and the matter is remitted to Niagara County Court for proceedings pursuant to CPL 460.50 (5).
Memorandum:
Defendant appeals from a judgment convicting him following a jury trial of assault in the second degree (Penal Law § 120.05 [2]). Contrary...
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