People v. Munn

• Decision Date: 26 April 2013
• Parties: The PEOPLE of the State of New York, Respondent, v. Jerel J. MUNN, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

105 A.D.3d 1456
963 N.Y.S.2d 914
2013 N.Y. Slip Op. 02974

The PEOPLE of the State of New York, Respondent,
v.
Jerel J. MUNN, Defendant–Appellant.

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

April 26, 2013.

Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered June 21, 2011. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of Counsel), for Defendant–Appellant.

Frank A. Sedita, III, District Attorney, Buffalo (David Panepinto of Counsel), for Respondent.

MEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3] ). Contrary to defendant's contention, we conclude*915that Supreme Court fulfilled its duty of advising defendant that the promised sentence included a mandatory period of postrelease supervision ( see generally People v. Catu, 4 N.Y.3d 242, 244–245, 792 N.Y.S.2d 887, 825 N.E.2d 1081), and we therefore reject defendant's further contention that his plea was not knowing and voluntary. The record establishes that “the plea represent[ed] a voluntary and intelligent choice among the alternative courses of action open to defendant” ( People v. Ford, 86 N.Y.2d 397, 403, 633 N.Y.S.2d 270, 657 N.E.2d 265;see People v. Cornell, 16 N.Y.3d 801, 802, 921 N.Y.S.2d 641, 946 N.E.2d 740).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

SCUDDER, P.J., PERADOTTO, SCONIERS, VALENTINO, and MARTOCHE, JJ., concur.