Opinion
2013-12-5
The PEOPLE of the State of New York, Respondent, v. Duane A. SAUSVILLE, Appellant.
M. Elizabeth Coreno, Saratoga Springs, for appellant. Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), for respondent.
M. Elizabeth Coreno, Saratoga Springs, for appellant. Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), for respondent.
Before: Rose, J.P., Stein, Spain and Garry, JJ.
STEIN, J.
Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered October 17, 2011, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the third degree.
In satisfaction of a two-count indictment, defendant pleaded guilty to the reduced charge of attempted criminal possession of a controlled substance in the third degree and waived his right to appeal. County Court sentenced defendant in accordance with the negotiated plea agreement to a prison term of two years followed by two years of postrelease supervision, and imposed a $5,000 fine. Defendant now appeals, challenging the amount of the fine imposed.
We affirm. Initially, inasmuch as the record reflects that the appeal waiver explicitly excluded a challenge as to the fine imposed, the issue is properly before this Court ( see People v. Scott, 74 A.D.3d 1582, 1582, 902 N.Y.S.2d 439 [2010] ). Nevertheless, defendant was informed during the plea colloquy of the potential fine that could be imposed and we find that the imposition of the maximum allowable fine was a provident exercise of County Court's discretion ( seePenal Law § 80.00[1][a]; People v. Shultis, 61 A.D.3d 1116, 1118, 876 N.Y.S.2d 740 [2009], lv. denied12 N.Y.3d 929, 884 N.Y.S.2d 710, 912 N.E.2d 1091 [2009] ), and we discern no basis in the record to disturb it.
ORDERED that the judgment is affirmed. ROSE, J.P., SPAIN and GARRY, JJ., concur.