Opinion
No. 62 KA 18-01373
05-03-2024
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRUCE NEWTON, DEFENDANT-APPELLANT.
JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (JONATHAN GARVIN OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.
JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (JONATHAN GARVIN OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., BANNISTER, GREENWOOD, AND KEANE, JJ.
Appeal from a judgment of the Monroe County Court (Melchor E. Castro, A.J.), rendered March 15, 2018. The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment that, upon his admission to violating a condition of probation, revoked the sentence of probation imposed upon his conviction of attempted criminal sale of a controlled substance in the third degree (Penal Law §§ 110.00, 220.39 [1]) and sentenced him to a term of imprisonment followed by a period of postrelease supervision. Defendant's contention that his admission was not knowing, voluntary, and intelligent inasmuch as County Court failed to advise him on the record that he would be subject to postrelease supervision if the court sentenced him to a term of imprisonment is not preserved for our review (see People v Collins, 194 A.D.3d 1421, 1421 [4th Dept 2021], lv denied 37 N.Y.3d 971 [2021]; see generally People v Williams, 27 N.Y.3d 212, 222 [2016]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]).