| People v Munn |
| 2013 NY Slip Op 02974 [105 AD3d 1456] |
| April 26, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v JerelJ. Munn, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (David Panepinto of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang,J.), rendered June 21, 2011. The judgment convicted defendant, upon his plea of guilty,of criminal possession of a weapon in the second 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 ofguilty of criminal possession of a weapon in the second degree (Penal Law §265.03 [3]). Contrary to defendant's contention, we conclude that Supreme Courtfulfilled its duty of advising defendant that the promised sentence included a mandatoryperiod of postrelease supervision (see generally People v Catu, 4 NY3d 242, 244-245[2005]), and we therefore reject defendant's further contention that his plea was notknowing and voluntary. The record establishes that "the plea represent[ed] a voluntaryand intelligent choice among the alternative courses of action open to defendant"(People v Ford, 86 NY2d 397, 403 [1995]; see People v Cornell, 16 NY3d 801, 802 [2011]).Present—Scudder, P.J., Peradotto, Sconiers, Valentino and Martoche, JJ.