People v McCant

2010 NY Slip Op 09288 [79 AD3d 908]

December 14, 2010

Appellate Division, Second Department

As corrected through Wednesday, February 16, 2011

The People of the State of New York, Respondent, v SeanMcCant, Appellant.

—[*1]Matthew Muraskin, Port Jefferson, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.),rendered January 22, 2010, convicting him of rape in the third degree, upon his plea of guilty, andimposing sentence.

Ordered that the judgment is affirmed.

The defendant's claim that he was deprived of an opportunity to address the County Court at thetime of his sentencing, in violation of CPL 380.50, is unpreserved for appellate review (see Peoplev Green, 54 NY2d 878 [1981]; Peoplev Chin, 69 AD3d 752 [2010]; People v Chi Fong Chen, 56 AD3d 488 [2008]; People vRamirez, 236 AD2d 564 [1997]). In any event, the record indicates that the County Courtsubstantially complied with the requirements of the statute (see People v McClain, 35 NY2d483, 491-492 [1974], cert denied sub nom. Taylor v New York, 423 US 852 [1975];People v Lopez, 250 AD2d 707 [1998]; People v Colon, 210 AD2d 247 [1994]).

The defendant's remaining contentions are without merit. Skelos, J.P., Eng, Hall and Lott, JJ.,concur.