People v. Bethune

• Decision Date: 31 January 2012
• Citation: 91 A.D.3d 966,937 N.Y.S.2d 596,2012 N.Y. Slip Op. 00801
• Parties: The PEOPLE, etc., respondent, v. Andrew BETHUNE, appellant.
• Court: New York Supreme Court — Appellate Division

2012 N.Y. Slip Op. 00801
91 A.D.3d 966
937 N.Y.S.2d 596

The PEOPLE, etc., respondent,
v.
Andrew BETHUNE, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Jan. 31, 2012.

Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Lois Cullen Valerio of counsel; Jeffrey Wiener on the brief), for respondent.

[91 A.D.3d 966] Appeal by the defendant from a judgment of the County Court, Westchester County (Colangelo, J.), rendered April 12, 2010, convicting him of 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 improperly delegated its authority to the prosecutor, who conducted most of the plea proceeding, thereby rendering his plea involuntary. The [91 A.D.3d 967] defendant's contention is without merit, as the proceeding was conducted in the County Court's presence

[937 N.Y.S.2d 597]

and under its supervision, and there is nothing in the record to suggest that the defendant's plea was made involuntarily ( see People v. Garbarini, 64 A.D.3d 1179, 1179–1180, 882 N.Y.S.2d 785; People v. Smith, 306 A.D.2d 210, 760 N.Y.S.2d 847; People v. Montanez, 287 A.D.2d 407, 408, 731 N.Y.S.2d 721; People v. Sanchez, 284 A.D.2d 137, 725 N.Y.S.2d 548; People v. Anthony, 188 A.D.2d 477, 591 N.Y.S.2d 181; People v. Empey, 141 A.D.2d 987, 988, 531 N.Y.S.2d 37).

MASTRO, A.P.J., CHAMBERS, AUSTIN and MILLER, JJ., concur.