People v. Bush, 2018-02143

CourtNew York Supreme Court Appellate Division
Citation126 N.Y.S.3d 405 (Mem),185 A.D.3d 1048
Docket Number2018-02143,Ind. No. 3895/17
Parties The PEOPLE, etc., Respondent, v. Jeffery BUSH, Appellant.
Decision Date29 July 2020

185 A.D.3d 1048
126 N.Y.S.3d 405 (Mem)

The PEOPLE, etc., Respondent,
v.
Jeffery BUSH, Appellant.

2018-02143
Ind.
No. 3895/17

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

Argued - February 14, 2020
July 29, 2020


Janet E. Sabel, New York, N.Y. (Ying–Ying Ma of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Arieh Schulman of counsel), for respondent.

JOHN M. LEVENTHAL, J.P., SHERI S. ROMAN, JEFFREY A. COHEN, ROBERT J. MILLER, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (William Miller, J.), rendered November 28, 2017, convicting him of criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that his plea was not knowing, voluntary, and intelligent because he was not advised at the time of the plea that his sentence would include a period of conditional discharge. The defendant's contention is unpreserved for appellate review because the defendant was made aware that he would be subject to a period of conditional discharge at the outset of the sentencing proceeding, and nonetheless failed to move to withdraw his plea or otherwise raise this issue prior to the imposition of the sentence (see People v. Murray, 15 N.Y.3d 725, 726–727, 906 N.Y.S.2d 521, 932 N.E.2d 877 ; People v. Ullah, 130 A.D.3d 759, 760, 12 N.Y.S.3d 307 ; People v. Carr, 127 A.D.3d 1503, 1504–1505, 7 N.Y.S.3d 700 ). Under the circumstances of this case, we decline to reach the issue in the exercise of our interest of justice jurisdiction.

LEVENTHAL, J.P., ROMAN, COHEN and MILLER, JJ., concur.

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4 practice notes
  • People v. Bush, 18
    • United States
    • New York Court of Appeals
    • March 22, 2022
    ...sought dismissal of the indictment. The Appellate Division affirmed, holding that defendant's claim was unpreserved ( 167 N.Y.S.3d 438 185 A.D.3d 1048, 126 N.Y.S.3d 405 [2d Dept. 2020] ). A Judge of this Court granted defendant leave to appeal ( 36 N.Y.3d 928, 135 N.Y.S.3d 345, 159 N.E.3d 1......
  • People v. Bush, 18
    • United States
    • New York Court of Appeals
    • March 22, 2022
    ...sought dismissal of the indictment. The Appellate Division affirmed, holding that defendant's claim was unpreserved ( 167 N.Y.S.3d 438 185 A.D.3d 1048, 126 N.Y.S.3d 405 [2d Dept. 2020] ). A Judge of this Court granted defendant leave to appeal ( 36 N.Y.3d 928, 135 N.Y.S.3d 345, 159 N.E.3d 1......
  • People v. Turner, 2019–10718, 2019–10721
    • United States
    • New York Supreme Court Appellate Division
    • June 23, 2021
    ...to the imposition of the sentences (see People v. Murray, 15 N.Y.3d 725, 726–727, 906 N.Y.S.2d 521, 932 N.E.2d 877 ; People v. Bush, 185 A.D.3d 1048, 126 N.Y.S.3d 405 ). In any event, the defendant's assertion that he was not advised until after his allocution that his sentences would inclu......
  • People v. Johnson, 2017–09867
    • United States
    • New York Supreme Court Appellate Division
    • July 29, 2020
    ...JJ.DECISION & ORDERAppeal by the defendant from a judgment of the County Court, Dutchess County (Peter M. Forman, J.), rendered August 126 N.Y.S.3d 405 24, 2017, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.ORDERED that the judgmen......
4 cases
  • People v. Bush, 18
    • United States
    • New York Court of Appeals
    • March 22, 2022
    ...sought dismissal of the indictment. The Appellate Division affirmed, holding that defendant's claim was unpreserved ( 167 N.Y.S.3d 438 185 A.D.3d 1048, 126 N.Y.S.3d 405 [2d Dept. 2020] ). A Judge of this Court granted defendant leave to appeal ( 36 N.Y.3d 928, 135 N.Y.S.3d 345, 159 N.E.3d 1......
  • People v. Bush, 18
    • United States
    • New York Court of Appeals
    • March 22, 2022
    ...sought dismissal of the indictment. The Appellate Division affirmed, holding that defendant's claim was unpreserved ( 167 N.Y.S.3d 438 185 A.D.3d 1048, 126 N.Y.S.3d 405 [2d Dept. 2020] ). A Judge of this Court granted defendant leave to appeal ( 36 N.Y.3d 928, 135 N.Y.S.3d 345, 159 N.E.3d 1......
  • People v. Turner, 2019–10718, 2019–10721
    • United States
    • New York Supreme Court Appellate Division
    • June 23, 2021
    ...to the imposition of the sentences (see People v. Murray, 15 N.Y.3d 725, 726–727, 906 N.Y.S.2d 521, 932 N.E.2d 877 ; People v. Bush, 185 A.D.3d 1048, 126 N.Y.S.3d 405 ). In any event, the defendant's assertion that he was not advised until after his allocution that his sentences would inclu......
  • People v. Johnson, 2017–09867
    • United States
    • New York Supreme Court Appellate Division
    • July 29, 2020
    ...JJ.DECISION & ORDERAppeal by the defendant from a judgment of the County Court, Dutchess County (Peter M. Forman, J.), rendered August 126 N.Y.S.3d 405 24, 2017, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.ORDERED that the judgmen......

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