| People v Boyden |
| 2013 NY Slip Op 08763 [112 AD3d 1372] |
| December 27, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York,Respondent, v Daniel J. Boyden, Appellant. (Appeal No.1.) |
—[*1] Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of counsel),for respondent.
Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.),rendered March 20, 2012. The judgment convicted defendant, upon his plea of guilty, ofassault in the second degree (two counts) and obstructing governmental administration inthe second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: In appeal No. 1, defendant appeals from a judgment convicting himupon his plea of guilty of, inter alia, two counts of assault in the second degree (PenalLaw § 120.05 [3]) in connection with an altercation with deputies at the CayugaCounty Jail and, in appeal No. 2, he appeals from a judgment convicting him upon hisplea of guilty of, inter alia, robbery in the first degree (§ 160.15 [3]) in connectionwith his robbery of a convenience store. Defendant pleaded guilty to all counts of the twoindictments in exchange for a sentence promise of concurrent determinate terms ofimprisonment, to be followed by a period of postrelease supervision. By failing to moveto withdraw his plea or to vacate the judgment of conviction in each appeal, defendantfailed to preserve for our review his contention in each appeal that his plea of guilty wasnot voluntarily entered (see People v Toxey, 86 NY2d 725, 726 [1995], reargdenied 86 NY2d 839 [1995]; People v Theall, 109 AD3d 1107, 1107 [2013]). In anyevent, defendant's contention is belied by the record of the plea proceeding in eachappeal (see People v Weakfall, 108 AD3d 1115, 1115 [2013], lvdenied 21 NY3d 1078 [2013]). The bargained-for sentence is not unduly harsh andsevere. Present—Scudder, P.J., Fahey, Peradotto, Carni and Valentino, JJ.