| People v Mason |
| 2008 NY Slip Op 08868 [56 AD3d 1201] |
| November 14, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Marlon B.Mason, Appellant. (Appeal No. 1.) |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White of counsel), forrespondent.
Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.), rendered May17, 2006. The judgment convicted defendant, upon his plea of guilty, of criminal possession of aweapon in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: In appeal Nos. 1 and 2, defendant appeals from judgments convicting him,respectively, upon his pleas of guilty of criminal possession of a weapon in the third degree(Penal Law § 265.02 [former (4)]) and criminal possession of a controlled substance in thethird degree (§ 220.16 [1]). We reject the contention of defendant that County Court erredin denying his motion to withdraw his guilty pleas. Defendant contends that his pleas werecoerced because the court and the prosecutor advised him that, if he did not accept the pleaagreement, the federal government would consider prosecuting him. The record does not supportthat contention (see generally People vHamilton, 45 AD3d 1396 [2007], lv denied 10 NY3d 765 [2008]). Indeed, "[t]hecourt, while impressing upon defendant the strength of the People's case, the potential sentence towhich defendant was exposed under the indictment[s], and the favorableness of the plea bargain,reiterated throughout the colloquy that the decision to either plead guilty or go to trial remainedwith the defendant" (id. at 1396 [internal quotation marks omitted]). Finally, "the factthat defendant was required 'to accept or reject the plea offer within a short time period does notamount to coercion' " (People vIrvine, 42 AD3d 949, 949 [2007], lv denied 9 NY3d 962 [2007]).Present—Smith, J.P., Centra, Lunn, Fahey and Green, JJ.