People v. McNeil
| Decision Date | 18 April 2019 |
| Docket Number | 9024,Index 570051/15 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Michael MCNEIL, Defendant–Appellant. |
| Court | New York Supreme Court — Appellate Division |
Justine M. Luongo, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (James J. Wen of counsel), for respondent.
Richter, J.P., Manzanet–Daniels, Kahn, Gesmer, Oing, JJ.
As the Appellate Term concluded, the hearing court properly assessed 15 points under the risk factor for lack of supervised release. Although defendant was placed on postrelease supervision immediately upon his release from incarceration, that supervision was only based on a prior burglary conviction, which was not a qualifying offense for this purpose (see People v. Reid, 141 A.D.3d 156, 157, 35 N.Y.S.3d 5 [1st Dept. 2016], lv denied 28 N.Y.3d 901, 2016 WL 4691814 [2016] ).
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