Opinion
2012-11-28
The PEOPLE, etc., respondent, v. Robert BOLTON, appellant.
Jane M. Bloom, Rock Hill, N.Y., for appellant. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Lauren E. Grasso and Andrew R. Kass of counsel), for respondent.
Jane M. Bloom, Rock Hill, N.Y., for appellant. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Lauren E. Grasso and Andrew R. Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered May 11, 2011, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
A plea of guilty will be upheld as valid if it was entered into voluntarily, knowingly, and intelligently ( see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646;People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5;People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170). Here, the defendant's plea of guilty was entered into voluntarily, knowingly, and intelligently. Contrary to his contention, the County Court properly apprised the defendant of the duration of postrelease supervision he was agreeing to as part of the plea bargain ( cf. People v. Catu, 4 N.Y.3d 242, 245, 792 N.Y.S.2d 887, 825 N.E.2d 1081).
The defendant's remaining contention, that the County Court should have adjudicated him a youthful offender, is unpreserved for appellate review ( see People v. Stokes, 28 A.D.3d 592, 813 N.Y.S.2d 503), and, in any event, without merit ( see People v. McCoy, 35 A.D.3d 237, 826 N.Y.S.2d 41).