| People v Kidd |
| 2013 NY Slip Op 02786 [105 AD3d 1267] |
| April 25, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vJermaine M. Kidd, Appellant. |
—[*1] Nicole M. Duve, District Attorney, Canton (Jonathan L. Becker of counsel), forrespondent.
Stein, J. Appeal from a judgment of the County Court of St. Lawrence County(Richards, J.), rendered January 30, 2012, convicting defendant upon his plea of guilty ofthe crime of driving while intoxicated.
As part of an agreement resolving numerous charges against him, defendant pleadedguilty to a superior court information charging him with felony driving while intoxicatedand waived his right to appeal. Defendant was advised that he would be subject to aprison term to be followed by a period of conditional discharge, but County Court did notmake any further commitments with regard to sentencing beyond directing that thesentence run concurrently with that imposed upon another conviction. County Courtultimately sentenced defendant to a prison term of 1 to 4 years to be followed by aconditional discharge of three years. Defendant now appeals.
While we reject the People's contention that certain of defendant's arguments areunpreserved, we nevertheless affirm. Inasmuch as defendant pleaded guilty to drivingwhile intoxicated, his participation in an alcohol and drug treatment program was not amandatory component of his sentence (see Vehicle and Traffic Law §1192 [10] [a] [ii]), and we reject his claim that his plea was invalid based upon CountyCourt's failure to impose it. Moreover, defendant was made aware that a period ofconditional discharge would be a component of his [*2]sentence, but he was not advised of the duration of thatperiod (see Penal Law §§ 60.21, 65.05 [3] [a]; Vehicle and TrafficLaw § 1193 [1] [c] [iii]). Contrary to defendant's argument, that omission did notrender his plea involuntary because County Court made no commitment as to the lengthof the conditional discharge to be imposed (see People v Newman, 99 AD3d 1107, 1108 [2012]; People v Cullen, 62 AD3d1155, 1156-1157 [2009], lv denied 13 NY3d 795 [2009]).
Peters, P.J., Spain and Garry, JJ., concur. Ordered that the judgment is affirmed.