| People v Young |
| 2013 NY Slip Op 00521 [102 AD3d 1061] |
| January 31, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v JoseE. Young, Appellant. |
—[*1] Kevin C. Kortright, District Attorney, Fort Edward (Katherine G. Henley ofcounsel), for respondent.
Egan Jr., J. Appeal from a judgment of the County Court of Washington County(McKeighan, J.), rendered March 18, 2011, convicting defendant upon his plea of guiltyof the crime of attempted promoting prison contraband in the first degree.
Defendant was charged in a single-count indictment with promoting prisoncontraband in the first degree and, pursuant to a negotiated plea agreement, thereafterpleaded guilty to attempted promoting prison contraband in the first degree, a class Efelony (see Penal Law §§ 110.00, 110.05, 205.25 [2]). As it wasunclear whether defendant would qualify as a second felony offender, the parties agreedthat defendant would be sentenced as a first time felony offender to a prison term of 1 to3 years. County Court imposed the agreed-upon sentence and defendant now appeals.
Defendant's sole contention on appeal is that his plea was not knowing, intelligentand voluntary because County Court failed to advise him that there was no mandatoryminimum sentence for a first time felony offender convicted of a class D or class Efelony (see Penal Law § 70.00 [4]). However, the recordreveals—and defendant acknowledges—that he failed to preserve this issuefor appellate review by moving to withdraw his plea or vacate the judgment ofconviction (cf. People vCampbell, 66 AD3d 1059, 1060 [2009]; People v Kopy, 54 AD3d 441, 441 [2008]). Further, asthere is nothing in the record to suggest that County Court was inclined [*2]to impose a lesser sentence (compare People v Charles, 67AD3d 698, 699 [2009], lv dismissed 13 NY3d 906 [2009]; People vRodriguez, 276 AD2d 368, 369 [2000]), we decline defendant's request to takecorrective action as a matter of discretion in the interest of justice. Accordingly, thejudgment of conviction is affirmed.
Peters, P.J., Lahtinen and Garry, JJ., concur. Ordered that the judgment is affirmed.