Opinion
2014-12-24
The PEOPLE, etc., respondent, v. Justin ELLIS, appellant.
Arza Feldman, Uniondale, N.Y., for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Seth B. Altman and Andrew R. Kass of counsel), for respondent.
Arza Feldman, Uniondale, N.Y., for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Seth B. Altman and Andrew R. Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered December 13, 2012, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that the County Court erred in denying his request for a “violent felony override” at his sentencing hearing pursuant to 7 NYCRR 1900.4(c)(1)(iii). Contrary to the defendant's contention, no regulation or statute provides for such a document ( see People v. Lynch, 121 A.D.3d 717, 718, 993 N.Y.S.2d 163; People v. Nelson, 121 A.D.3d 719, 720, 993 N.Y.S.2d 161). Moreover, since the sentence and commitment properly specifies that the defendant pleaded guilty to attempted burglary in the second degree under Penal Law §§ 110 and 140.25(2), the sections and subsection of the Penal Law under which he was convicted, the requirements of 7 NYCRR 1900.4(c)(1)(iii) are met ( see People v. Lynch, 121 A.D.3d at 719, 993 N.Y.S.2d 163; People v. Nelson, 121 A.D.3d at 720, 993 N.Y.S.2d 161). RIVERA, J.P., HALL, AUSTIN, MILLER and MALTESE, JJ., concur.