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PEOPLE v. SMITH

63 A.D.3d 1625 (2009)

879 N.Y.S.2d 650

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM D. SMITH, Appellant.

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

Decided June 5, 2009.

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 five years and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted rape in the first degree (Penal Law §§ 110.00, 130.35 [1]). Defendant failed to preserve for our review his...

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