| People v Young |
| 2011 NY Slip Op 05586 [85 AD3d 1489] |
| June 30, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Brandy D.Young, Appellant. |
—[*1] Andrew J. Wylie, District Attorney, Plattsburgh (Timothy G. Blatchley of counsel), forrespondent.
McCarthy, J. Appeal from a judgment of the County Court of Clinton County (Ryan, J.),rendered August 3, 2009, convicting defendant upon her plea of guilty of the crime of criminalsale of a controlled substance in the third degree (two counts).
Defendant pleaded guilty to two counts of criminal sale of a controlled substance in the thirddegree in full satisfaction of a four-count indictment. During the plea proceeding, the Peopleinformed County Court that, pursuant to the negotiated agreement, it recommended concurrentsentences of 4½ years in prison to be followed by two years of postrelease supervision onboth counts. At sentencing, the People recommended concurrent sentences of 4½ years inprison and three years of postrelease supervision. Thereafter, County Court proceeded tosentence defendant, as a second felony offender, to two concurrent sentences of 4½ years inprison to be followed by three years of postrelease supervision. Defendant now appeals.
We affirm. Defendant contends that her plea was not knowingly, voluntarily and intelligentlyentered because she was informed at the time of her plea that she would be sentenced to twoyears of postrelease supervision. Although the terms of postrelease supervision imposed byCounty Court differed from the terms stated at the plea proceeding, defendant's claim that herplea was involuntary on that basis is unpreserved for our review due to her failure to [*2]bring it to County Court's attention, either when she was madeaware of the terms at the outset of the sentencing proceeding (see People v Murray, 15 NY3d 725, 726-727 [2010]; People v Lee, 80 AD3d 1072,1073 [2011], lv denied 16 NY3d 832 [2011]) or when the sentence was imposed (see People v Davis, 79 AD3d1267, 1269 [2010], lv denied 16 NY3d 797 [2011]).
Peters, J.P., Spain, Lahtinen and Malone Jr., JJ., concur. Ordered that the judgment isaffirmed.