Opinion
2013-06-5
The PEOPLE, etc., respondent, v. Kenneth A. PADDYFOTE III, appellant.
Jeanette Madera, Poughkeepsie, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Jeanette Madera, Poughkeepsie, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Dutchess County (Greller, J.), imposed November 16, 2011, upon his plea of guilty, on the ground, inter alia, that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant contends that the County Court made several inaccurate and inconsistent statements during the plea and sentencing proceedings, and that he is thus entitled to be resentenced. This contention is unpreserved for appellate review ( seeCPL 470.05[2]; People v. Toxey, 86 N.Y.2d 725, 631 N.Y.S.2d 119, 655 N.E.2d 160;People v. Poznanski, 105 A.D.3d 775, 962 N.Y.S.2d 639;People v. Williams, 70 A.D.3d 1059, 1060, 894 N.Y.S.2d 763;People v. Williams, 156 A.D.2d 608, 549 N.Y.S.2d 115), and we decline to review it in the exercise of our interest of justice jurisdiction.
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).