People v. Joseph

• Decision Date: 06 February 2013
• Citation: 103 A.D.3d 665,2013 N.Y. Slip Op. 00765,959 N.Y.S.2d 261
• Parties: The PEOPLE, etc., respondent, v. Aasim JOSEPH, appellant.
• Court: New York Supreme Court — Appellate Division

103 A.D.3d 665

959 N.Y.S.2d 261

2013 N.Y. Slip Op. 00765

The PEOPLE, etc., respondent,

v.Aasim JOSEPH, appellant.

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

Feb. 6, 2013.

Matthew Muraskin, Port Jefferson, N.Y., for appellant.

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

MARK C. DILLON, J.P., DANIEL D. ANGIOLILLO, JOHN M. LEVENTHAL, and ROBERT J. MILLER, JJ.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Toomey, J.), rendered January 17, 2012, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's claim with respect to the voluntariness of the plea survives even a valid waiver of the right to appeal ( see People v. Cohen, 100 A.D.3d 919, 953 N.Y.S.2d 900;People v. McLean, 77 A.D.3d 684, 684, 908 N.Y.S.2d 352). However, the transcript of the plea proceeding demonstrates that prior to the defendant's plea, the County Court ensured that the defendant understood the specific period of postrelease supervision which would follow his term of incarceration under the terms of the plea agreement ( compare People v. Boyd, 12 N.Y.3d 390, 393, 880 N.Y.S.2d 908, 908 N.E.2d 898;People v. Hill, 9 N.Y.3d 189, 192, 849 N.Y.S.2d 13, 879 N.E.2d 152,cert. denied553 U.S. 1048, 128 S.Ct. 2430, 171 L.Ed.2d 257;People v. Louree, 8 N.Y.3d 541, 545, 838 N.Y.S.2d 18, 869 N.E.2d 18;People v. Catu, 4 N.Y.3d 242, 244, 792 N.Y.S.2d 887, 825 N.E.2d 1081). Accordingly, contrary to the defendant's contention, his plea of guilty was knowingly, voluntarily, and intelligently entered ( see generally People v. Figueroa, 100 A.D.3d 1016, 954 N.Y.S.2d 467).