People v Bolton

People v Bolton 2012 NY Slip Op 08143 Decided on November 28, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 28, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
2011-04788
(Ind. No. 11-00050)

[*1]The People of the State of New York, respondent,

v

Robert Bolton, appellant.




Jane M. Bloom, Rock Hill, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y.
(Lauren E. Grasso and Andrew R. Kass of
counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered May 11, 2011, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

A plea of guilty will be upheld as valid if it was entered into voluntarily, knowingly, and intelligently (see People v Fiumefreddo, 82 NY2d 536, 543; People v Lopez, 71 NY2d 662, 666; People v Harris, 61 NY2d 9, 17). Here, the defendant's plea of guilty was entered into voluntarily, knowingly, and intelligently. Contrary to his contention, the County Court properly apprised the defendant of the duration of postrelease supervision he was agreeing to as part of the plea bargain (cf. People v Catu, 4 NY3d 242, 245).

The defendant's remaining contention, that the County Court should have adjudicated him a youthful offender, is unpreserved for appellate review (see People v Stokes, 28 AD3d 592), and, in any event, without merit (see People v McCoy, 35 AD3d 237).
ANGIOLILLO, J.P., BALKIN, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court