| People v Bloom |
| 2012 NY Slip Op 04491 [96 AD3d 1406] |
| June 8, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Norman M.Bloom, Jr., Appellant. |
—[*1] Joseph V. Cardone, District Attorney, Albion (Katherine K. Bogan of counsel), forrespondent.
Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered January3, 2011. The judgment convicted defendant, upon his plea of guilty, of attempted criminalpossession of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofattempted criminal possession of a controlled substance in the third degree (Penal Law§§ 110.00, 220.16 [1]). Defendant failed to move to withdraw his guilty plea or tovacate the judgment of conviction and thus failed to preserve for our review his contention thatthe plea was not knowingly, voluntarily, and intelligently entered (see People v Morrison, 78 AD3d1615, 1616 [2010], lv denied 16 NY3d 834 [2011]; People v Cannon, 59 AD3d 962,963 [2009], lv denied 12 NY3d 815 [2009]) and, in any event, his contention is withoutmerit. Contrary to defendant's contention, County Court did not misinform him of the sentencingrange to which he was exposed (cf. Morrison, 78 AD3d at 1616), but in fact the courtcorrectly informed him that he could receive, inter alia, a split sentence of up to six months in jailand probation (see § 60.01 [2] [d]; § 60.04 [4], [5]; § 70.70 [3][c]-[e]). Contrary to defendant's additional contention, the sentence is not unduly harsh or severe.Present—Scudder, P.J., Smith, Centra, Lindley and Martoche, JJ.