People v. Bush

• Decision Date: 29 July 2020
• Docket Number: 2018-02143,Ind. No. 3895/17
• Citation: 126 N.Y.S.3d 405 (Mem),185 A.D.3d 1048
• Parties: The PEOPLE, etc., Respondent, v. Jeffery BUSH, Appellant.
• Court: New York Supreme Court — Appellate Division

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.