People v Bethune
2012 NY Slip Op 00801 [91 AD3d 966]
Jnury 31, 2012
Appellate Division, Second Department
As corrected through Wednesday, February 29, 2012


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

[*1]Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Lois CullenValerio of counsel; Jeffrey Wiener on the brief), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County(Colangelo, J.), rendered April 12, 2010, convicting him of burglary in the second degree, uponhis plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the County Court improperly delegated its authority to theprosecutor, who conducted most of the plea proceeding, thereby rendering his plea involuntary.The defendant's contention is without merit, as the proceeding was conducted in the CountyCourt's presence and under its supervision, and there is nothing in the record to suggest that thedefendant's plea was made involuntarily (see People v Garbarini, 64 AD3d 1179, 1179-1180 [2009];People v Smith, 306 AD2d 210 [2003]; People v Montanez, 287 AD2d 407, 408[2001]; People v Sanchez, 284 AD2d 137 [2001]; People v Anthony, 188 AD2d477 [1992]; People v Empey, 141 AD2d 987, 988 [1988]). Mastro, A.P.J., Chambers,Austin and Miller, JJ., concur.


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