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.