People v. Grant

• Decision Date: 12 November 2014
• Docket Number: 2012-05994, 2012-05995
• Citation: 2014 N.Y. Slip Op. 07681,122 A.D.3d 767,996 N.Y.S.2d 147
• Court: New York Supreme Court — Appellate Division
• Parties: The PEOPLE, etc., respondent, v. Madi A. GRANT, appellant.

122 A.D.3d 767
996 N.Y.S.2d 147
2014 N.Y. Slip Op. 07681

The PEOPLE, etc., respondent
v.
Madi A. GRANT, appellant.

2012-05994, 2012-05995

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

Nov. 12, 2014.

996 N.Y.S.2d 148

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray and Michael J. Miller of counsel), for respondent.

MARK C. DILLON, J.P., THOMAS A. DICKERSON, SHERI S. ROMAN, and SANDRA L. SGROI, JJ.

Opinion

122 A.D.3d 767

Appeals by the defendant from two judgments of the Supreme Court, Suffolk County (IDV Part) (Crecca, J.), both rendered May 10, 2012, convicting him of criminal contempt in the second degree under Indictment No. 7200–11, and aggravated unlicensed operation of a motor vehicle under Indictment No. 7025–12, upon his pleas of guilty, and imposing sentences. Assigned counsel has submitted a brief in accordance with Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 with respect to the appeal from the judgment rendered under Indictment No. 7025–12, in which he moves for leave to withdraw as counsel for the appellant.

ORDERED that the judgments are affirmed.

With respect to the appeal from the judgment rendered under Indictment No. 7200–11, the defendant contends that the Supreme Court erred in imposing a sentence greater than that which had been promised without affording him the opportunity to withdraw his plea of guilty. This contention is unpreserved for appellate review, since the defendant failed to move to withdraw his plea on this ground prior to the imposition of sentence or otherwise raise the issue in the Supreme Court (see People v. Murray, 15 N.Y.3d 725, 726, 906 N.Y.S.2d 521, 932 N.E.2d 877 ; People v. Guillen, 37 A.D.3d 493, 829 N.Y.S.2d 197 ; People v. Szyjko, 17 A.D.3d 609, 795 N.Y.S.2d 57 ). In any event, when the defendant failed to comply with the condition...