People v. Naylor

Appellate Division of the Supreme Court of New York

People v. Naylor

6 A.D.3d 1187, 775 N.Y.S.2d 686, 2004 N.Y. App. Div. LEXIS 6172

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 30, 2004

StatusPublished

This text of 6 A.D.3d 1187 (People v. Naylor) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Naylor, 6 A.D.3d 1187, 775 N.Y.S.2d 686, 2004 N.Y. App. Div. LEXIS 6172 (N.Y. Ct. App. 2004).

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Opinion

Appeal from a judgment of the Yates County Court (W. Patrick Falvey, J.), rendered September 17, 2002. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]). Defendant failed to preserve for our review his contention that his guilty plea was not knowingly, voluntarily and intelligently entered (see People v Ferguson, 192 AD2d 800 [1993], lv denied 82 NY2d 717 [1993]). In any event, we conclude that defendant’s contention is without merit (see People v Seaberg, 74 NY2d 1, 10-11 [1989]). Because defendant declined to withdraw his guilty plea when given the opportunity to do so, defendant did not preserve for our review his contentions regarding his enhanced sentence (see People v Perry, 252 AD2d 990 [1998], lv denied 92 NY2d 929 [1998]), and we decline to exercise our power to address those contentions as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Finally, the sentence is neither unduly harsh nor severe. Present—Hurlbutt, J.P., Scudder, Kehoe, Gorski and Hayes, JJ.

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Appeal from a judgment of the Yates County Court (W. Patrick Falvey, J.), rendered September 17, 2002. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]). Defendant failed to preserve for our review his contention that his guilty plea was not knowingly, voluntarily and intelligently entered (see People v Ferguson, 192 AD2d 800 [1993], lv denied 82 NY2d 717 [1993]). In any event, we conclude that defendant’s contention is without merit (see People v Seaberg, 74 NY2d 1, 10-11 [1989]). Because defendant declined to withdraw his guilty plea when given the opportunity to do so, defendant did not preserve for our review his contentions regarding his enhanced sentence (see People v Perry, 252 AD2d 990 [1998], lv denied 92 NY2d 929 [1998]), and we decline to exercise our power to address those contentions as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Finally, the sentence is neither unduly harsh nor severe. Present—Hurlbutt, J.P., Scudder, Kehoe, Gorski and Hayes, JJ.

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Bluebook (online)

6 A.D.3d 1187, 775 N.Y.S.2d 686, 2004 N.Y. App. Div. LEXIS 6172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-naylor-nyappdiv-2004.

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