| People v Madden |
| 2013 NY Slip Op 08271 [112 AD3d 740] |
| December 11, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Benjamin Madden, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Middletown, N.Y. (Elizabeth L. Schulz andAndrew R. Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County(DeRosa, J.), rendered November 30, 2011, convicting him of criminal sexual act in thesecond degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the County Court's failure to inform him of possibleconfinement or supervision pursuant to the Sex Offender Management and TreatmentAct (Mental Hygiene Law § 10.01 et seq., as added by L 2007, ch 7)(hereinafter SOMTA) rendered his plea of guilty involuntary (see People v Perez, 51 AD3d1043 [2008]). However, the defendant failed to preserve this contention forappellate review, since he never moved to withdraw his plea. In any event, possibleconfinement or supervision pursuant to SOMTA are collateral consequences of thedefendant's plea of guilty, and the County Court's failure to discuss those possibilitiesprior to accepting the defendant's plea of guilty did not render the plea involuntary in thiscase (see People v Harnett,16 NY3d 200, 205 [2011]; cf. People v Catu, 4 NY3d 242, 244 [2005]). Dillon, J.P.,Leventhal, Chambers and Miller, JJ., concur.