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PEOPLE v. McBRYDE

103058.

96 A.D.3d 1085 (2012)

945 N.Y.S.2d 581

2012 NY Slip Op 4421

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYREEK A. McBRYDE, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

June 7, 2012.

Stein, J.

In May 2009, defendant was convicted after a jury trial of two counts of assault in the second degree and was sentenced, as a second felony offender, to two concurrent prison terms of 4½ years followed by three years of postrelease supervision. Subsequently, the Department of Corrections and Community Supervision informed County Court that it had failed to impose the statutorily required period of postrelease supervision for defendant's sentence (

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