Opinion
2017–06748 S.C.I. No. 110/17
04-10-2019
The PEOPLE, etc., Respondent, v. Stephen F. LEED, Appellant.
Yasmin Daley Duncan, Brooklyn, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Yasmin Daley Duncan, Brooklyn, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
MARK C. DILLON, J.P., JEFFREY A. COHEN, COLLEEN D. DUFFY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
(S.C.I. No. 110/17)
Appeal by the defendant from a judgment of the County Court, Dutchess County (Peter M. Forman, J.), rendered June 6, 2017, as amended September 7, 2017, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment, as amended, is affirmed.
The defendant contends that his plea was not knowingly, voluntarily, or intelligently entered because the County Court, among other things, resentenced the defendant to a period of postrelease supervision that exceeded the period of postrelease supervision that had been promised in connection with the plea agreement. The defendant's contention is unpreserved for appellate review, as the defendant was made aware of the amended sentence at the outset of the resentencing proceeding but failed to move to withdraw his plea prior to the imposition of the resentence or otherwise raise this issue before the County Court (see CPL 470.05[2] ; People v. Crowder, 24 N.Y.3d 1134, 1136–1137, 3 N.Y.S.3d 309, 26 N.E.3d 1164 ; People v. Murray, 15 N.Y.3d 725, 726–727, 906 N.Y.S.2d 521, 932 N.E.2d 877 ; People v. Ullah, 130 A.D.3d 759, 760, 12 N.Y.S.3d 307 ; People v. Brown, 107 A.D.3d 819, 966 N.Y.S.2d 675 ). Under the circumstances of this case, we decline to reach the issue in the exercise of our interest of justice jurisdiction.
DILLON, J.P., COHEN, DUFFY and CHRISTOPHER, JJ., concur.