People v. Jointe
Docket 2023-10192
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Affirmed in Part, Reversed in Part
- Citation
- 2026 NY Slip Op 02673
- Docket
- 2023-10192
Appeal from a sentencing order of the Supreme Court, Kings County, challenging the length of postrelease supervision imposed after guilty pleas
Summary
The Appellate Division, Second Department, reviewed defendant Andrew Jointe’s challenge to his sentence following guilty pleas to third-degree rape and attempted sex trafficking of a child. The court found the 10-year period of postrelease supervision imposed for the attempted sex trafficking conviction was illegal and reduced it to five years. As modified, the concurrent determinate prison terms of 3.5 years and the remaining 10-year postrelease supervision on the rape conviction were affirmed. The court stated it may correct an illegal sentence even if the issue was not raised below.
Issues Decided
- Whether the 10-year period of postrelease supervision imposed for the attempted sex trafficking of a child conviction was lawful
- Whether the court may correct an illegal sentence on appeal even if the issue was not raised at sentencing
Court's Reasoning
The court determined the 10-year postrelease supervision term for the attempted sex trafficking conviction was illegal under controlling sentencing law, so it reduced that term to five years. The panel relied on precedent allowing appellate correction of illegal sentences even when the error was not preserved. Having corrected the illegal supervision term, the court found the remaining sentence components were not excessive and affirmed them.
Authorities Cited
- People v McAvoy181 AD3d 888
- People v Singh109 AD3d 1010
- People v Sanchez221 AD3d 734
Parties
- Appellant
- Andrew Jointe
- Respondent
- The People of the State of New York
- Judge
- Danny Chun
- Judge
- Betsy Barros
- Judge
- Valerie Brathwaite Nelson
- Judge
- Barry E. Warhit
- Judge
- Lourdes M. Ventura
- Judge
- Susan Quirk
Key Dates
- Decision date
- 2026-04-29
- Sentence imposed
- 2023-10-25
What You Should Do Next
- 1
Consult defense counsel about further appeal
If the defendant wishes to challenge any remaining aspects of the sentence, consult counsel promptly about seeking leave to appeal to the Court of Appeals and about applicable deadlines.
- 2
Confirm revised judgment and sentencing paperwork
Defense counsel should obtain amended sentencing and commitment papers reflecting the reduction of postrelease supervision to five years for the attempted sex trafficking conviction.
- 3
Prepare for postrelease supervision planning
The defendant and counsel should plan for compliance with the reduced postrelease supervision conditions and speak with supervising authorities about the modified term.
Frequently Asked Questions
- What did the court decide?
- The court reduced the illegal 10-year postrelease supervision term for the attempted sex trafficking conviction to five years and otherwise affirmed the sentence.
- Who is affected by this decision?
- Defendant Andrew Jointe is affected because the modification shortens his postrelease supervision on one conviction; the People are the respondent.
- Why did the court change the postrelease supervision period?
- The court found the original 10-year supervision term to be illegal under applicable sentencing rules and therefore corrected it on appeal.
- Can this decision be appealed further?
- Possibly — the usual next step would be to seek permission to appeal to the New York Court of Appeals, subject to the rules and time limits for leave to appeal.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
People v Jointe - 2026 NY Slip Op 02673 People v Jointe 2026 NY Slip Op 02673 April 29, 2026 Appellate Division, Second Department The People of the State of New York, respondent, v Andrew Jointe, appellant. Supreme Court of the State of New York, Appellate Division, Second Judicial Department Decided on April 29, 2026 2023-10192, (Ind. No. 73954/22) Betsy Barros, J.P. Valerie Brathwaite Nelson Barry E. Warhit Lourdes M. Ventura Susan Quirk, JJ. Patricia Pazner, New York, NY (Sankeerth Saradhi of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the memorandum), for respondent. DECISION & ORDER Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Danny Chun, J.), imposed October 25, 2023, sentencing him to concurrent determinate terms of imprisonment of 3½ years, to be followed by 10 years of postrelease supervision, upon his convictions of rape in the third degree and attempted sex trafficking of a child, upon his plea of guilty, on the ground that the periods of postrelease supervision imposed as part of the sentence were excessive. ORDERED that the sentence is modified, on the law, by reducing the period of postrelease supervision on the conviction of attempted sex trafficking of a child from a period of 10 years to a period of 5 years; as so modified, the sentence is affirmed. The period of postrelease supervision imposed with respect to the conviction of attempted sex trafficking of a child was illegal. "Although the issue was not raised before the sentencing court or on appeal, we cannot allow an illegal sentence to stand" ( People v McAvoy , 181 AD3d 888, 889 [internal quotation marks omitted]; see People v Singh , 109 AD3d 1010, 1013). Accordingly, we reduce the sentence to the extent indicated herein. The periods of postrelease supervision imposed, as modified, were not excessive ( see People v Sanchez , 221 AD3d 734; People v Suitte , 90 AD2d 80). BARROS, J.P., BRATHWAITE NELSON, WARHIT, VENTURA and QUIRK, JJ., concur. ENTER: Darrell M. Joseph