Citation Numbers: 20 A.D.3d 591, 798 N.Y.S.2d 761, 2005 N.Y. App. Div. LEXIS 7619
Filed Date: 7/7/2005
Status: Precedential
Modified Date: 11/1/2024
Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered May 14, 2004, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the third degree.
In satisfaction of a charge of criminal possession of a controlled substance in the third degree, defendant pleaded guilty
On his appeal, defendant makes only two arguments. First, he contends that County Court improperly refused to conduct a hearing as to his claim of innocence of the Kings County charges. We disagree. Inasmuch as defendant pleaded guilty to the intervening Kings County charges and advised County Court that he had no intention of moving to withdraw that guilty plea, there was no issue of fact requiring an evidentiary hearing as to whether he had violated the conditions of his release (see People v Coleman, 270 AD2d 713, 714 [2000]). Second, defendant argues that the sentence imposed was harsh and excessive. Despite defendant’s lack of a prior criminal history, we find neither an abuse of discretion nor extraordinary circumstances warranting our intervention given his awareness of the consequences for violating the release conditions imposed and his undisturbed plea of guilty to a felony committed while on release (see People v Peguero, 7 AD3d 925, 925-926 [2004], lv denied 3 NY3d 661 [2004]; People v Gay, 305 AD2d 856, 856 [2003], lv denied 100 NY2d 620 [2003]; People v Diaz, 264 AD2d 879, 880 [1999], lv denied 94 NY2d 879 [2000]).
Cardona, P.J., Mercure, Crew III, Mugglin and Rose, JJ., concur. Ordered that the judgment is affirmed.