Appellate Division of the Supreme Court of the State of New York November 14, 2012 (People v. Simmons)

Appeal by the defendant, by permission, from an order of the Supreme Court, Queens County (Erlbaum, J), dated February 2, 2011, which denied, without a hearing, his motion pursuant to CPL 440.20 to set aside so much of his sentence as imposed a period of five years of postrelease supervision.

Ordered that the order is affirmed.