People v. Ormsby

*1245Defendant contends that his sentence is illegal because he should have been sentenced to two years of postrelease supervision instead of three years. Preliminarily, we note that defendant’s challenge to the legality of the sentence is not precluded by his waiver of the right to appeal (see People v Greathouse, 62 AD3d 1212, 1213 [2009], lv denied 13 NY3d 744 [2009]; People v Robertson, 46 AD3d 928, 929 [2007], lv denied 10 NY3d 844 [2008]). Turning to the merits, Penal Law § 70.45 (2) (b) provides that the period of postrelease supervision imposed upon a defendant convicted of a class B…