People v. Roelofsen
Opinion of the Court
The defendant’s contention that trial counsel’s failure to preserve certain claims for appellate review constituted ineffective assistance of counsel is without merit (see People v Phillips, 84 AD3d 1274, 1274-1275 [2011]; People v Friel, 53 AD3d 667, 668 [2008]; People v McKenzie, 48 AD3d 594, 595 [2008]).
As the People correctly concede, the Supreme Court imposed illegal terms of postrelease supervision pursuant to Penal Law § 70.45 (2-a) on the convictions of course of sexual conduct against a child in the first degree and sexual abuse in the first degree, since those crimes were committed before the effective date of that subdivision. Thus, the terms of postrelease supervision must be vacated, and the matter remitted to the Supreme Court, Queens County, for the imposition of new terms of post-release supervision on those convictions pursuant to Penal Law § 70.45 (2).
The defendant’s remaining contentions are unpreserved for appellate review and, in any event, without merit. Dillon, J.P, Lott, Roman and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.