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People v. Naylor

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 30, 2004
6 A.D.3d 1187 (N.Y. App. Div. 2004)

Opinion

KA 02-02457.

Decided April 30, 2004.

Appeal from a judgment of the Yates County Court (W. Patrick Falvey, J.), rendered September 17, 2002. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree (two counts).

DAVID M. PARKS, ITHACA, FOR DEFENDANT-APPELLANT.

JASON NAYLOR, DEFENDANT-APPELLANT PRO SE.

SUSAN H. LINDENMUTH, DISTRICT ATTORNEY, FOR PLAINTIFF-RESPONDENT.

Before: PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, GORSKI, AND HAYES, JJ.


MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of criminal possession of a controlled substance in the third degree (Penal Law § 220.16). Defendant failed to preserve for our review his contention that his guilty plea was not knowingly, voluntarily and intelligently entered ( see People v. Ferguson, 192 A.D.2d 800, lv denied 82 N.Y.2d 717). In any event, we conclude that defendant's contention is without merit ( see People v. Seaberg, 74 N.Y.2d 1, 10-11). Because defendant declined to withdraw his guilty plea when given the opportunity to do so, defendant did not preserve for our review his contentions regarding his enhanced sentence ( see People v. Perry, 252 A.D.2d 990, lv denied 92 N.Y.2d 929), and we decline to exercise our power to address those contentions as a matter of discretion in the interest of justice ( see CPL 470.15 [a]). Finally, the sentence is neither unduly harsh nor severe.


Summaries of

People v. Naylor

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 30, 2004
6 A.D.3d 1187 (N.Y. App. Div. 2004)
Case details for

People v. Naylor

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JASON NAYLOR…

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

Date published: Apr 30, 2004

Citations

6 A.D.3d 1187 (N.Y. App. Div. 2004)
775 N.Y.S.2d 686