| People v Knott |
| 2012 NY Slip Op 00666 [92 AD3d 975] |
| February 2, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v KennethKnott, Appellant. |
—[*1] Paul Czajka, District Attorney, Hudson (H. Neal Conolly of counsel), forrespondent.
Appeal from a judgment of the County Court of Columbia County (Nichols, J.), renderedAugust 10, 2010, convicting defendant upon his plea of guilty of the crime of failure to registeror verify as a sex offender.
Defendant, a risk level III sex offender, waived indictment and pleaded guilty to a superiorcourt information charging him with failure to register or verify as a sex offender. County Courtsentenced defendant to 1
Initially, defendant's contention that he was not provided with the effective assistance ofcounsel is not preserved for our review given his failure to move to withdraw the plea or vacatethe judgment of conviction (see Peoplev Bolden, 78 AD3d 1419, 1420 [2010], lv denied 16 NY3d 828 [2011]; People v Miller, 70 AD3d 1120,1121 [2010], lv denied 14 NY3d 890 [2010]). Moreover, reversal in the interest of justiceis not warranted, inasmuch as the record does not indicate that defendant's representation wasless than meaningful (see People v Bolden, 78 AD3d at 1420; People v Miller, 70AD3d at 1121). Nor are we persuaded that the sentence imposed was harsh or excessive. Therecord reflects that County Court considered all of the information contained in the presentenceinvestigation report, as well as the letters submitted by defendant's family and friends. Defendanthas not established the existence of any extraordinary circumstances or an abuse of discretionwarranting reduction of the sentence in the interest of justice (see People v Mason, 82 AD3d 1365, 1366 [2011]; People v Hey, 74 AD3d 1582,1583 [2010], lv denied 15 NY3d 852 [2010]).[*2]
Mercure, A.P.J., Spain, Kavanagh, Stein and Egan Jr., JJ.,concur. Ordered that the judgment is affirmed.