People v Mckoy

2008 NY Slip Op 05180

Decided on June 6, 2008

Appellate Division, Fourth Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 6, 2008


PRESENT: MARTOCHE, J.P., SMITH, CENTRA, PERADOTTO, AND GREEN, JJ.
768 KA 07-00583




Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered November 22, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the second degree and criminal possession of a controlled substance in the third degree.


JOHN E. TYO, SHORTSVILLE, FOR DEFENDANT-APPELLANT.
R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (MICHELLE H. CROWLEY OF COUNSEL), FOR RESPONDENT.


It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [1]) and criminal possession of a controlled substance in the third degree (§ 220.16 [1]), defendant contends that he did not receive the benefit of his plea bargain (see generally People v Lett, 42 AD3d 970, lv denied 9 NY3d 962). The record belies that contention. County Court merely stated during the plea colloquy that it would not oppose defendant's participation in the Comprehensive Alcohol and Substance Abuse Treatment program in the event that the Department of Correctional Services determined that defendant was qualified to participate therein.
Entered: June 6, 2008
JoAnn M. Wahl
Clerk of the Court