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PEOPLE v. THOMAS

2019-00968. Ind. No. 18-00463.

192 A.D.3d 831 (2021)

139 N.Y.S.3d 870

2021 NY Slip Op 01431

The People of the State of New York, Respondent, v. Andre Thomas, Appellant.

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

Decided March 10, 2021.

Attorney(s) appearing for the Case

Geoffrey E. Chanin , Goshen, NY, for appellant.

David M. Hoovler , District Attorney, Goshen, NY ( William C. Ghee of counsel), for respondent.

Dillon, J.P., LaSalle, Connolly and Wooten, JJ., concur.

Ordered that the judgment is affirmed.

A challenge to the legality of a sentence survives a valid waiver of the right to appeal and may be raised notwithstanding a plea of guilty (see People v Brisco, 174 A.D.3d 639 [2019]). However, contrary to the defendant's contention, the County Court did not err in imposing a term of five years of postrelease supervision upon him. The defendant was convicted of assault in the second degree, a class D violent felony (...

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