People v. Witbeck

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered June 15, 2000, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.

Defendant entered a negotiated plea of guilty to sexual abuse in the first degree and was sentenced to a determinate sentence of two years and three years of postrelease supervision. Defendant appeals, contending that the three-year postrelease supervision period was harsh and excessive. Where a sentence is within the permissible statutory range, it will not be disturbed absent an abuse of discretion by…