People v. Fleming

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered December 1, 2009, which resentenced defendant following his conviction of the crime of attempted burglary in the second degree.

In 2000, defendant pleaded guilty to attempted burglary in the second degree and was sentenced, as a second violent felony offender, to a prison term of five years. County Court also sentenced defendant to a period of postrelease supervision, but imposed a term of three years rather than the required five years (see Penal Law § 70.45 [2]).* Defendant has served the prison component of…