Opinion
2020–07278 Ind. No. 143/19
03-23-2022
The PEOPLE, etc., respondent, v. Anthony RUSSELL, appellant.
Mark Diamond, New York, NY, for appellant. Thomas E. Walsh II, District Attorney, New City, NY (Carrie Ciganek of counsel), for respondent.
Mark Diamond, New York, NY, for appellant.
Thomas E. Walsh II, District Attorney, New City, NY (Carrie Ciganek of counsel), for respondent.
BETSY BARROS, J.P., REINALDO E. RIVERA, CHERYL E. CHAMBERS, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Rockland County (Sherri L. Eisenpress, J.), rendered September 15, 2020, convicting him of attempted murder in the second degree, assault in the first degree, aggravated criminal contempt, criminal contempt in the first degree, and aggravated harassment in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that he was not afforded an opportunity to address the County Court at the time of his sentencing, in violation of CPL 380.50, is unpreserved for appellate review (see People v. Green, 54 N.Y.2d 878, 880, 444 N.Y.S.2d 908, 429 N.E.2d 415 ; People v. Macon, 200 A.D.3d 907, 155 N.Y.S.3d 363 ; People v. Garville, 194 A.D.3d 744, 744–745, 143 N.Y.S.3d 591 ), and we decline to reach that issue in the exercise of our interest of justice jurisdiction (see People v. Macon, 200 A.D.3d at 907, 155 N.Y.S.3d 363 ; People v. Garville, 194 A.D.3d at 745, 143 N.Y.S.3d 591 ).
The defendant's remaining contention is without merit (see Penal Law § 60.12 ; People v. Sheehan, 106 A.D.3d 1112, 1113, 965 N.Y.S.2d 633 ; cf. People v. Addimando, 197 A.D.3d 106, 152 N.Y.S.3d 33 ).
BARROS, J.P., RIVERA, CHAMBERS and WOOTEN, JJ., concur.