People v. Primm

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]). Defendant was sentenced to a determinate term of imprisonment of three years and a three-year period of postrelease supervision. In appeal No. 2, defendant appeals from a resentence pursuant to which he was resentenced to a determinate term of imprisonment of three years and a five-year period of postrelease supervision. Initially, we note that, because the sentence in appeal No. 1 was superseded by the resentence…