Opinion
KA 00-02075
November 15, 2002.
Appeal from a judgment of Jefferson County Court (Martusewicz, J.), entered March 13, 2000, convicting defendant upon his plea of guilty of criminal sale of a controlled substance in the fifth degree.
LINDA M. CAMPBELL, SYRACUSE, FOR DEFENDANT-APPELLANT.
THARRON T. FERGUSON, DEFENDANT-APPELLANT PRO SE.
CINDY F. INTSCHERT, DISTRICT ATTORNEY, WATERTOWN, FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., HAYES, HURLBUTT, KEHOE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant contends that County Court erred in failing to afford him the opportunity to make a statement on his own behalf before imposing sentence and thus failed to comply with CPL 380.50(1). That contention is not preserved for our review ( see People v. Green, 54 N.Y.2d 878, 880; People v. Nagy, 179 A.D.2d 1091, lv denied 79 N.Y.2d 1005). In any event, were we to reach the merits of defendant's contention, we would conclude that there was substantial compliance with CPL 380.50(1) ( see People v. McClain, 35 N.Y.2d 483, 491-492). The bargained-for sentence is neither unduly harsh nor severe ( see People v. Rodriguez, 295 A.D.2d 919).