Opinion
03-29-2016
The PEOPLE of the State of New York, Respondent, v. Charles BROWN, Defendant–Appellant.
Richard M. Greenberg, Office of the Appellate Defender, New York (Joseph M. Nursey of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Frank Glaser of counsel), for respondent.
Richard M. Greenberg, Office of the Appellate Defender, New York (Joseph M. Nursey of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Frank Glaser of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered December 19, 2012, as amended January 24, 2013, convicting defendant, upon his plea of guilty, of assault in the second and third degrees, and sentencing him, as a second felony offender, to an aggregate term of five years, unanimously affirmed.
Defendant's claim that the court failed to advise him of the term of postrelease supervision he would receive in the event he violated the terms of his plea agreement is subject to preservation requirements in the circumstances presented. Defendant was on notice well before the sentence was imposed of the PRS component (see People v. Crowder, 24 N.Y.3d 1134, 3 N.Y.S.3d 309, 26 N.E.3d 1164 [2015]; People v Murray, 15 N.Y.3d 725, 906 N.Y.S.2d 521, 932 N.E.2d 877 [2010]; People v. Harris, 103 A.D.3d 427, 959 N.Y.S.2d 192 [1st Dept.2013], lv. denied 21 N.Y.3d 943, 968 N.Y.S.2d 5, 990 N.E.2d 139 [2013] ), particularly since much emphasis had been placed on the terms of a written plea agreement, which spelled out the sentence to be imposed in the event of its violation, including the term of PRS, and since the PRS term was also mentioned at other junctures before sentence was imposed. We decline to review this unpreserved claim in the interest of justice. As an alternative holding, although the court should have informed defendant of the PRS term, we decline to reverse because we find that defendant was provided with all the information he needed to knowingly, intelligently and voluntarily choose among alternative courses of action (see People v. Harris, 103 A.D.3d at 428, 959 N.Y.S.2d 192; People v. Sweeney, 102 A.D.3d 580, 958 N.Y.S.2d 149 [1st Dept.2013], lv. denied 21 N.Y.3d 914, 966 N.Y.S.2d 366, 988 N.E.2d 895 [2013] ).
Defendant made a valid waiver of his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 [2015] ), which forecloses review of his excessive sentence claim. Regardless of whether defendant made a valid waiver of his right to appeal, we perceive no basis for reducing the sentence.