Opinion
2012-02-2
The PEOPLE of the State of New York, Respondent, v. Kenneth KNOTT, Appellant.
Carolyn B. George, Albany, for appellant, and appellant pro se. Paul Czajka, District Attorney, Hudson (H. Neal Conolly of counsel), for respondent.
Carolyn B. George, Albany, for appellant, and appellant pro se. Paul Czajka, District Attorney, Hudson (H. Neal Conolly of counsel), for respondent.
Appeal from a judgment of the County Court of Columbia County (Nichols, J.), rendered August 10, 2010, convicting defendant upon his plea of guilty of the crime of failure to register or verify as a sex offender.
Defendant, a risk level III sex offender, waived indictment and pleaded guilty to a superior court information charging him with failure to register or verify as a sex offender. County Court sentenced defendant to 1 1/3 to 4 years in prison and he now appeals.
Initially, defendant's contention that he was not provided with the effective assistance of counsel is not preserved for our review given his failure to move to withdraw the plea or vacate the judgment of conviction ( see People v. Bolden, 78 A.D.3d 1419, 1420, 911 N.Y.S.2d 265 [2010], lv. denied 16 N.Y.3d 828, 921 N.Y.S.2d 192, 946 N.E.2d 180 [2011]; People v. Miller, 70 A.D.3d 1120, 1121, 896 N.Y.S.2d 183 [2010], lv. denied 14 N.Y.3d 890, 903 N.Y.S.2d 778, 929 N.E.2d 1013 [2010] ). Moreover, reversal in the interest of justice is not warranted, inasmuch as the record does not indicate that defendant's representation was less than meaningful ( see People v. Bolden, 78 A.D.3d at 1420, 911 N.Y.S.2d 265; People v. Miller, 70 A.D.3d at 1121, 896 N.Y.S.2d 183). Nor are we persuaded that the sentence imposed was harsh or excessive. The record reflects that County Court considered all of the information contained in the presentence investigation report, as well as the letters submitted by defendant's family and friends. Defendant has not established the existence of any extraordinary circumstances or an abuse of discretion warranting reduction of the sentence in the interest of justice ( see People v. Mason, 82 A.D.3d 1365, 1366, 918 N.Y.S.2d 271 [2011]; People v. Hey, 74 A.D.3d 1582, 1583, 903 N.Y.S.2d 207 [2010], lv. denied 15 N.Y.3d 852, 909 N.Y.S.2d 30, 935 N.E.2d 822 [2010] ).
ORDERED that the judgment is affirmed.