| People v Madison |
| 2013 NY Slip Op 01877 [104 AD3d 1025] |
| March 21, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v CodyC. Madison, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), forrespondent.
Peters, P.J. Appeal from a judgment of the County Court of Broome County(Cawley, J.), rendered July 6, 2011, convicting defendant upon his plea of guilty of thecrime of criminal contempt in the first degree.
Defendant was arrested and charged with criminal contempt in the first degree afterhe appeared at the home of his ex-wife on the night of February 20, 2011, despite anexisting order of protection. Defendant waived indictment and pleaded guilty to asuperior court information charging him with criminal contempt in the first degree withthe understanding that County Court would not impose a sentence greater than one yearin jail. County Court thereafter sentenced defendant to one year in jail. Defendant nowappeals.
Defendant's argument that his plea was not knowing and voluntary due to hiscompromised mental and physical health is not preserved inasmuch as the record beforeus contains no evidence that he made a motion to withdraw his plea or vacate thejudgment of conviction (seePeople v Borden, 91 AD3d 1124, 1125 [2012], lv denied 19 NY3d 862[2012]; People v Gomez,72 AD3d 1337, 1338 [2010]). His related claim of ineffective assistance of counselis also unpreserved (see Peoplev Shiels, 93 AD3d 992, 992 [2012]; People v Gomez, 72 AD3d at1338). In any event, we would find that nothing in the record casts doubt upondefendant's ability to understand and meaningfully participate in the proceedings. Finally,notwithstanding defendant's health condition, history of depression and military service,we do [*2]not find extraordinary circumstances or anabuse of discretion warranting reduction of the sentence in the interest of justice (see People v Provost, 25 AD3d1016, 1017 [2006], lv denied 6 NY3d 817 [2006]; People v White, 23 AD3d764, 765 [2005]).
Lahtinen, McCarthy and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.