Opinion
2012-06-8
The PEOPLE of the State of New York, Respondent, v. Norman M. BLOOM, Jr., Defendant–Appellant.
Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered January 3, 2011. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree. Lipsitz Green Scime Cambria, LLP, Buffalo (Timothy P. Murphy of Counsel), for defendant-appellant. Joseph V. Cardone, District Attorney, Albion (Katherine K. Bogan of Counsel), for respondent.
Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered January 3, 2011. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree.
Lipsitz Green Scime Cambria, LLP, Buffalo (Timothy P. Murphy of Counsel), for defendant-appellant. Joseph V. Cardone, District Attorney, Albion (Katherine K. Bogan of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of attempted criminal possession of a controlled substance in the third degree (Penal Law §§ 110.00, 220.16[1] ). Defendant failed to move to withdraw his guilty plea or to vacate the judgment of conviction and thus failed to preserve for our review his contention that the plea was not knowingly, voluntarily, and intelligently entered ( see *899People v. Morrison, 78 A.D.3d 1615, 1616, 911 N.Y.S.2d 541,lv. denied16 N.Y.3d 834, 921 N.Y.S.2d 198, 946 N.E.2d 186;People v. Cannon, 59 A.D.3d 962, 963, 872 N.Y.S.2d 322,lv. denied12 N.Y.3d 815, 881 N.Y.S.2d 22, 908 N.E.2d 930) and, in any event, his contention is without merit. Contrary to defendant's contention, County Court did not misinform him of the sentencing range to which he was exposed ( cf. Morrison, 78 A.D.3d at 1616, 911 N.Y.S.2d 541), but in fact the court correctly informed him that he could receive, inter alia, a split sentence of up to six months in jail and probation ( see § 60.01[2][d]; § 60.04 [4], [5]; § 70.70[3][c]—[e] ). Contrary to defendant's additional contention, the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.