People v Bush
2020 NY Slip Op 04316 [185 AD3d 1048]
July 29, 2020
Appellate Division, Second Department
As corrected through Wednesday, September 2, 2020


[*1]
 The People of the State of New York,Respondent,
v
Jeffery Bush, Appellant.

Janet E. Sabel, New York, NY (Ying-Ying Ma of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Solomon Neubort, andArieh Schulman of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (WilliamMiller, J.), rendered November 28, 2017, convicting him of criminal possession of a controlledsubstance in the seventh degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his plea was not knowing, voluntary, and intelligent because hewas not advised at the time of the plea that his sentence would include a period of conditionaldischarge. The defendant's contention is unpreserved for appellate review because the defendantwas made aware that he would be subject to a period of conditional discharge at the outset of thesentencing proceeding, and nonetheless failed to move to withdraw his plea or otherwise raisethis issue prior to the imposition of the sentence (see People v Murray, 15 NY3d 725, 726-727 [2010]; People v Ullah, 130 AD3d 759,760 [2015]; People v Carr, 127AD3d 1503, 1504-1505 [2015]). Under the circumstances of this case, we decline to reachthe issue in the exercise of our interest of justice jurisdiction. Leventhal, J.P., Roman, Cohen andMiller, JJ., concur.


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