People v. Castro

• Decision Date: 20 March 2019
• Docket Number: 2016–12317,Ind.No. 1152–15,2016–01594
• Citation: 94 N.Y.S.3d 451 (Mem),170 A.D.3d 1034
• Parties: The PEOPLE, etc., Respondent, v. Lorgio CASTRO, Appellant.
• Court: New York Supreme Court — Appellate Division

170 A.D.3d 1034

94 N.Y.S.3d 451 (Mem)

The PEOPLE, etc., Respondent,

v.Lorgio CASTRO, Appellant.

2016–01594

2016–12317

Ind.No. 1152–15

Supreme Court, Appellate Division, Second Department, New York.

Submitted—January 4, 2019

March 20, 2019

Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.

WILLIAM F. MASTRO, J.P., LEONARD B. AUSTIN, JEFFREY A. COHEN, JOSEPH J. MALTESE, JJ.

DECISION & ORDER

Appeals by the defendant from (1) a judgment of the County Court, Suffolk County (Barbara Kahn, J.), rendered January 21, 2016, convicting him of rape in the third degree (two counts), sexual misconduct (two counts), and endangering the welfare of a child (two counts), upon his plea of guilty, and imposing sentence, and (2) an amended judgment of the same court dated October 28, 2016, revoking the sentences of probation previously imposed, upon a finding that he had violated conditions thereof, upon his admission, and imposing sentences of imprisonment and postrelease supervision upon his previous convictions.

ORDERED that the judgment and the amended judgment are affirmed.

The record reveals no circumstances that would warrant, in the interest of justice, disturbing the postrelease supervision portion of the sentences imposed upon the defendant (see People v. Prince, 128 A.D.3d 987, 988, 10 N.Y.S.3d 146 ; People v. Sharpe, 98 A.D.3d 633, 634, 949 N.Y.S.2d 650 ; People v. McCants, 73 A.D.3d 1086, 1086, 900 N.Y.S.2d 654 ; People v. Bussey, 67 A.D.3d 819, 820, 887 N.Y.S.2d 858 ).

MASTRO, J.P., AUSTIN, COHEN and MALTESE, JJ., concur.