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.
PRESENT:
CHARLES A. MARANGOLA, MORAVIA, FOR DEFENDANT-APPELLANT.
JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (ERICH D. GROME OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered December 11, 2019. The judgment convicted defendant upon a plea of guilty of criminal possession of a controlled substance in the fourth degree and unauthorized use of a motor vehicle in the third degree.
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 NY2d 702 [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 AD3d 1773, 1773 [4th Dept 2012], lv denied 21 NY3d 1019 [2013]; People v Anderson, 99 AD3d 1239, 1239 [4th Dept 2012], lv denied 20 NY3d 1059 [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 NY3d 143, 152 [2005]). The sentence is not unduly harsh or severe.
Entered: June 11, 2021
Mark W. Bennett
Clerk of the Court