| People v Okamura |
| 2011 NY Slip Op 04710 [84 AD3d 1413] |
| May 31, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Robert Ray Okamura, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio, RichardLongworth Hecht, and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(Bellantoni, J.), rendered October 4, 2007, convicting him of attempted criminal sexual act in thefirst degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant claims that his plea was not knowing, voluntary, and intelligent because hewas not advised, before he pleaded guilty, of the possibility of civil confinement or supervisionunder the Sex Offender Management and Treatment Act (hereinafter SOMTA) (L 2007, ch 7[Mental Hygiene Law § 10.01 et seq.]), which provides for civil confinement orsupervision of certain sex offenders after their prison terms are completed. The defendant's claimis without merit. The defendant has not demonstrated that he was not advised by his attorney,before he pleaded guilty, of the potential consequences to him of SOMTA, and he has likewisenot demonstrated that SOMTA "would have been a significant factor in the evaluation of [his]plea bargain" (People v Harnett, 16 NY3d 200, 207-208 [2011]). Consequently, he hasnot made the factual showing necessary to demonstrate that his plea was not knowing andvoluntary (id. at 207-208). Rivera, J.P., Balkin, Lott and Austin, JJ., concur.