People v. Davis
| Decision Date | 26 August 2020 |
| Docket Number | Ind. No. 152/17,2018–04234 |
| Citation | 127 N.Y.S.3d 777 (Mem),186 A.D.3d 852 |
| Parties | The PEOPLE, etc., Respondent, v. Jeremy T. DAVIS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
186 A.D.3d 852
127 N.Y.S.3d 777 (Mem)
The PEOPLE, etc., Respondent,
v.
Jeremy T. DAVIS, Appellant.
2018–04234
Ind. No. 152/17
Supreme Court, Appellate Division, Second Department, New York.
Submitted—June 2, 2020
August 26, 2020
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., SHERI S. ROMAN, LINDA CHRISTOPHER, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered March 19, 2018, convicting him of promoting prostitution in the second degree and criminal sexual act in the second degree (two counts), upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
On appeal, the defendant contends that his plea of guilty was not knowingly, voluntarily, and intelligently entered into based on record evidence that the County Court misinformed him regarding the maximum enhanced sentence he could have received had he violated his plea agreement prior to sentencing. Because the defendant did not move to withdraw his plea on this ground, his contention is unpreserved for appellate review (see CPL 470.05[2] ; People v. Leasure , 177 A.D.3d 770, 772, 114 N.Y.S.3d 367 ; People v. Odom , 164 A.D.3d 1475, 1476, 83 N.Y.S.3d 624 ; People v. Gabbidon , 134 A.D.3d 736, 736, 19 N.Y.S.3d 786 ). Moreover, considering that the defendant did not violate his plea agreement and, consequently, did not receive an enhanced sentence, we decline to review this unpreserved contention in the exercise of our interest of justice jurisdiction.
CHAMBERS, J.P., ROMAN, CHRISTOPHER and WOOTEN, JJ., concur.
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