Opinion
494 KA 20-00950
06-11-2021
The PEOPLE of the State of New York, Respondent, v. Brandon M. PECKHAM, Defendant-Appellant.
CHARLES A. MARANGOLA, MORAVIA, FOR DEFENDANT-APPELLANT. JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (ERICH D. GROME OF COUNSEL), FOR RESPONDENT.
CHARLES A. MARANGOLA, MORAVIA, FOR DEFENDANT-APPELLANT.
JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (ERICH D. GROME OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of, inter alia, criminal possession of a controlled substance in the fourth degree ( Penal Law § 220.09 [1] ). Defendant failed to preserve for our review his contention that County Court erred in imposing an enhanced sentence without holding a hearing pursuant to People v. Outley, 80 N.Y.2d 702, 594 N.Y.S.2d 683, 610 N.E.2d 356 (1993) inasmuch as he failed to request such a hearing and failed to move to withdraw his plea on that ground ( see People v. Scott , 101 A.D.3d 1773, 1773, 957 N.Y.S.2d 554 [4th Dept. 2012], lv denied 21 N.Y.3d 1019, 971 N.Y.S.2d 502, 994 N.E.2d 398 [2013] ; People v. Anderson , 99 A.D.3d 1239, 1239, 951 N.Y.S.2d 448 [4th Dept. 2012], lv denied 20 N.Y.3d 1059, 962 N.Y.S.2d 610, 985 N.E.2d 920 [2013] ), 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] ). We reject defendant's further contention that he was denied effective assistance of counsel ( see generally People v. Caban , 5 N.Y.3d 143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213 [2005] ). The sentence is not unduly harsh or severe.