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People v. Carter

Appellate Division of the Supreme Court of New York, Third Department
Feb 26, 2004
4 A.D.3d 682 (N.Y. App. Div. 2004)

Opinion

14525.

Decided and Entered February 26, 2004.

Appeal from a judgment of the County Court of Schenectady County (Hoye, J.), rendered May 8, 2002, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

Mitch Kessler, Cohoes, for appellant.

Robert M. Carney, District Attorney, Schenectady (Alfred D. Chapleau of counsel), for respondent.

Before Crew III, J.P., Peters, Spain, Rose and Kane, JJ.


MEMORANDUM AND ORDER

On March 26, 2002, defendant pleaded guilty to the crime of burglary in the second degree and waived his right to appeal. He was sentenced as a second felony offender to 10 years in prison to be followed by five years of postrelease supervision. On appeal, defendant maintains that his plea should be vacated in the interest of justice because he was not informed of the mandatory period of postrelease supervision. We decline to exercise our interest of justice jurisdiction in this matter inasmuch as defendant failed to object at the time of sentencing or move to withdraw his plea ( see People v. La Valley, 2 A.D.3d 1212, lv denied; People v. Van Gordon, 307 A.D.2d 547, 548).

Crew III, J.P., Peters, Spain, Rose and Kane, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Carter

Appellate Division of the Supreme Court of New York, Third Department
Feb 26, 2004
4 A.D.3d 682 (N.Y. App. Div. 2004)
Case details for

People v. Carter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANNY L. CARTER…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Feb 26, 2004

Citations

4 A.D.3d 682 (N.Y. App. Div. 2004)
772 N.Y.S.2d 615

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