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People v. Harris

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 8, 2017
2017 N.Y. Slip Op. 1005 (N.Y. App. Div. 2017)

Opinion

2015-09371

02-08-2017

The People of the State of New York, respondent, v. Alfonzo D. Harris, appellant.

Salvatore C. Adamo, New York, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.


L. PRISCILLA HALL JEFFREY A. COHEN FRANCESCA E. CONNOLLY, JJ.

Salvatore C. Adamo, New York, NY, for appellant.

William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered September 2, 2015, convicting him of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that he was deprived of the right to counsel of his choice during a judicial diversion program status conference is unpreserved for appellate review since he failed to raise this claim before the County Court or move to withdraw his plea of guilty (see CPL 470.05[2]; People v Cooney, 120 AD3d 1445, 1446; People v Metovic, 48 AD3d 832).

Contrary to the defendant's contention, the County Court's determination that the defendant violated the conditions of his release under the judicial diversion program was supported by a preponderance of the evidence (see People v Keller, 139 AD3d 755; People v Rera, 103 AD3d 922, 923).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., HALL, COHEN and CONNOLLY, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Harris

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 8, 2017
2017 N.Y. Slip Op. 1005 (N.Y. App. Div. 2017)
Case details for

People v. Harris

Case Details

Full title:The People of the State of New York, respondent, v. Alfonzo D. Harris…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Feb 8, 2017

Citations

2017 N.Y. Slip Op. 1005 (N.Y. App. Div. 2017)