| People v Goode-Ford |
| 2022 NY Slip Op 03400 [205 AD3d 1051] |
| May 25, 2022 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Kaliek Goode-Ford, Appellant. |
Samuel S. Coe, White Plains, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Orange County (Robert H.Freehill, J.), rendered January 28, 2020, convicting him of attempted criminal possession of aweapon in the second degree, criminal possession of a weapon in the fourth degree, and criminalpossession of a controlled substance in the seventh degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The County Court providently exercised its discretion in denying, without a hearing, thedefendant's motion to withdraw his plea of guilty. Reviewing the record as a whole, we concludethat the defendant's plea of guilty was knowingly, voluntarily, and intelligently made (see People v Jamison, 197 AD3d569, 570 [2021]; People vMeyn, 193 AD3d 1080, 1081 [2021]). Further, there is no support in the record for thedefendant's contention that he lacked the capacity to understand the proceedings against him (see People v Arce, 196 AD3d 696,697 [2021]).
The defendant's contention that the County Court should have held a hearing prior toimposing an enhanced sentence is unpreserved for appellate review, since the defendant neitherrequested such a hearing nor moved to withdraw his plea on this ground (see People v Shealy, 195 AD3d1047, 1048 [2021]). In any event, the court providently exercised its discretion in imposingthe enhanced sentence without a hearing, since the defendant did not deny that he was convicted,upon his plea of guilty, of a postplea crime in violation of the conditions of his plea agreement(see People v Knee, 174 AD3d646 [2019]; People v Cousar,128 AD3d 716, 716-717 [2015]). Barros, J.P., Iannacci, Miller and Wooten, JJ., concur.