People v Dixon

People v Dixon 2007 NY Slip Op 02774 [38 AD3d 916] March 27, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 9, 2007

The People of the State of New York, Respondent,
v
Michael Dixon, Appellant.

—[*1] Mark Diamond, New York, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered February 28, 2006, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant pleaded guilty under the fifth count of the indictment to attempted criminal possession of a weapon in the third degree as a lesser-included offense of criminal possession of a weapon in the third degree (Penal Law §§ 110.00, 265.02 [former (4)]). Contrary to the defendant's contentions, the crime to which he pleaded guilty was a violent felony offense (see Penal Law § 70.02 [1] [d]), and he was thus correctly subjected to a determinate prison term (see Penal Law § 70.02 [2] [c]), as well as to a term of post-release supervision (see Penal Law § 70.45 [2] [e]), as subsequently reduced following his CPL 440.20 motion. Crane, J.P., Florio, Fisher and Dickerson, JJ., concur.