| People v Robinson |
| 2009 NY Slip Op 05828 [64 AD3d 1248] |
| July 10, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York,Respondent, v Edward C. Robinson, Appellant. |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (Brenton P. Dadey of counsel), forrespondent.
Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.), rendered May4, 2006. The judgment convicted defendant, upon his plea of guilty, of criminal possession of aweapon in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty,of criminal possession of a weapon in the second degree (Penal Law § 265.03 [former(2)]). Defendant failed to preserve for our review his contention that his guilty plea was coercedby County Court inasmuch as he failed to raise that issue in his motion to withdraw his plea atsentencing and failed to move to vacate the judgment of conviction on that ground (see People v Carlisle, 50 AD3d1451 [2008], lv denied 10 NY3d 957 [2008]). In any event, we reject defendant'scontention. Upon our review of the record, we conclude that the court's discussion of thesentence that defendant could face were he to proceed to trial was properly informative, and wasnot coercive (see People v Pagan, 297 AD2d 582 [2002], lv denied 99 NY2d 562[2002]; see also People v Rice, 18AD3d 351 [2005], lv denied 5 NY3d 768 [2005]). Finally, the bargained-forsentence is not unduly harsh or severe. Present—Smith, J.P., Fahey, Carni, Pine andGorski, JJ.