Opinion
02-08-2017
The PEOPLE, etc., 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.
Salvatore C. Adamo, New York, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
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 A.D.3d 1445, 1446, 991 N.Y.S.2d 676 ; People v. Metovic, 48 A.D.3d 832, 851 N.Y.S.2d 364 ).
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 A.D.3d 755, 31 N.Y.S.3d 885 ; People v. Rera, 103 A.D.3d 922, 923, 959 N.Y.S.2d 672 ).The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
ENG, P.J., HALL, COHEN and CONNOLLY, JJ., concur.