People v. McBryde

Appeal from a judgment of the County Court of Broome County (Cerio, J.), rendered October 23, 2009, which resentenced defendant following his conviction of the crime of assault in the second degree (two counts).

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 4V2 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…