Opinion
9097 Ind. 1536/14
04-25-2019
Justine M. Luongo, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (David M. Cohn of counsel), for respondent.
Justine M. Luongo, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (David M. Cohn of counsel), for respondent.
Sweeny, J.P., Manzanet–Daniels, Tom, Kapnick, Moulton, JJ.
Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered October 28, 2014, convicting defendant, upon his plea of guilty, of criminal sale of a firearm in the first degree and conspiracy in the fourth degree, and sentencing him to an aggregate term of 17½ years, unanimously affirmed.
Defendant's challenge to the voluntariness of his plea on the ground that the court failed to advise him at the plea proceeding of the term of postrelease supervision is subject to preservation requirements under the circumstances presented. Defendant was advised of the term of PRS "at the outset of the sentencing proceeding," and thus "could have sought relief from the sentencing court in advance of the sentence's imposition" (see People v. Murray, 15 N.Y.3d 725, 727, 906 N.Y.S.2d 521, 932 N.E.2d 877 [2010] ; see also People v. Crowder, 24 N.Y.3d 1134, 1136–1137, 26 N.E.3d 1164 [2015] ). Moreover, at sentencing defendant moved to withdraw his plea on a ground not at issue on appeal. The record establishes that, after the court had stated the precise terms of the sentence including the term of PRS, defendant conferred with counsel and had ample opportunity, before sentence was actually imposed, to expand his plea withdrawal motion to raise this issue.
We decline to review defendant's unpreserved claim in the interest of justice. In any event, the record as a whole establishes the voluntariness of the plea.