| People v Demick |
| 2016 NY Slip Op 03357 [138 AD3d 1486] |
| April 29, 2016 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vBrady J. Demick, Appellant. |
Arza Feldman, Uniondale, for defendant-appellant.
Keith A. Slep, District Attorney, Belmont, for respondent.
Appeal from a judgment of the Allegany County Court (Thomas P. Brown, J.),rendered September 30, 2013. The judgment convicted defendant, upon his plea ofguilty, of burglary in the second degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of burglary in the second degree (Penal Law § 140.25 [2]).Defendant contends that County Court induced his plea with a promise of granting a"violent felony override," a promise which defendant maintains the court lackedauthority to make (see People vBallato, 128 AD3d 846, 847 [2015]). Contrary to defendant's contention,however, the record establishes that "neither [his] eligibility for the shock incarcerationprogram . . . , nor his ultimate admission to that program was a condition ofthe plea" (People vWilliams, 84 AD3d 1417, 1418 [2011], lv denied 17 NY3d 863 [2011]).Present—Centra, J.P., Carni, DeJoseph, Curran and Scudder, JJ.