Opinion
2019–01860 Ind. No. 17–00738
02-17-2021
The PEOPLE, etc., respondent, v. Wesley PATTERSON, appellant.
Mary Zugibe Raleigh, Warwick, NY, for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. (William C. Ghee of counsel), for respondent.
Mary Zugibe Raleigh, Warwick, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, N.Y. (William C. Ghee of counsel), for respondent.
WILLIAM F. MASTRO, A.P.J., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (William L. DeProspo, J.), rendered December 12, 2018, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his counsel was deprived of an opportunity to address the County Court at the time of sentencing, in violation of CPL 380.50, is unpreserved for appellate review (see People v. Green, 54 N.Y.2d 878, 444 N.Y.S.2d 908, 429 N.E.2d 415 ; People v. Crosby, 133 A.D.3d 681, 682, 20 N.Y.S.3d 100 ). In any event, the record demonstrates that despite its use of irregular phrasing, the court effectively invited defense counsel to speak on the defendant's behalf (see People v. McClain, 35 N.Y.2d 483, 491, 364 N.Y.S.2d 143, 323 N.E.2d 685 ; People v. Crosby, 133 A.D.3d at 682, 20 N.Y.S.3d 100 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
MASTRO, A.P.J., HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.