Opinion
06-01-2016
The PEOPLE, etc., respondent, v. Denard E. WHITTY, appellant.
Steven A. Feldman, Uniondale, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Alfred J. Croce of counsel), for respondent.
Steven A. Feldman, Uniondale, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Alfred J. Croce of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the County Court, Suffolk County (Toomey, J.), rendered March 6, 2015, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The sentence and commitment complies with CPL 380.65 (see People v. Jackson, 136 A.D.3d 1056, 1057, 26 N.Y.S.3d 196 ; People v. Ellis, 123 A.D.3d 1054, 1054, 997 N.Y.S.2d 317 ; see generally People v. Lynch, 121 A.D.3d 717, 719, 993 N.Y.S.2d 163 ). Moreover, the record does not support the defendant's contention that the County Court induced him to plead guilty through a promise it had no power to fulfill (cf. People v. Ballato, 128 A.D.3d 846, 846–847, 9 N.Y.S.3d 152 ).
The defendant's assertion at sentencing that he was not guilty contradicted his express sworn admissions at the plea proceeding and did not warrant vacatur of the plea or a hearing (see CPL 220.60[3] ; People v. Upson, 134 A.D.3d 1058, 1058–1059, 21 N.Y.S.3d 688 ).
BALKIN, J.P., HALL, MILLER and LaSALLE, JJ., concur.