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People v. Demick

Supreme Court, Appellate Division, Fourth Department, New York.
Apr 29, 2016
138 A.D.3d 1486 (N.Y. App. Div. 2016)

Opinion

04-29-2016

The PEOPLE of the State of New York, Respondent, v. Brady J. DEMICK, Defendant–Appellant.

Arza Feldman, Uniondale, for Defendant–Appellant. Keith A. Slep, District Attorney, Belmont, for Respondent.


Appeal from a judgment of the Allegany County Court (Thomas P. Brown, J.), rendered September 30, 2013. The judgment convicted defendant, upon his plea of guilty, of burglary in the second degree.

Arza Feldman, Uniondale, for Defendant–Appellant.

Keith A. Slep, District Attorney, Belmont, for Respondent.

MEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the second degree (Penal Law § 140.25[2] ). Defendant contends that County Court induced his plea with a promise of granting a “violent felony override,” a promise which defendant maintains the court lacked authority to make (see People v. Ballato, 128 A.D.3d 846, 847, 9 N.Y.S.3d 152 ). Contrary to defendant's contention, however, the record establishes that “neither [his] eligibility for the shock incarceration program ..., nor his ultimate admission to that program was a condition of the plea” (People v. Williams, 84 A.D.3d 1417, 1418, 924 N.Y.S.2d 539, lv. denied 17 N.Y.3d 863, 932 N.Y.S.2d 28, 956 N.E.2d 809 ).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

CENTRA, J.P., CARNI, DeJOSEPH, CURRAN, and SCUDDER, JJ., concur.


Summaries of

People v. Demick

Supreme Court, Appellate Division, Fourth Department, New York.
Apr 29, 2016
138 A.D.3d 1486 (N.Y. App. Div. 2016)
Case details for

People v. Demick

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Brady J. DEMICK…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Apr 29, 2016

Citations

138 A.D.3d 1486 (N.Y. App. Div. 2016)
138 A.D.3d 1486
2016 N.Y. Slip Op. 3357

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