People v. Robinson

• Court: New York Supreme Court Appellate Division
• Writing for the Court: FLORIO
• Citation: 81 A.D.3d 859,916 N.Y.S.2d 812
• Parties: The PEOPLE, etc., respondent, v. Russell D. ROBINSON, appellant.
• Decision Date: 15 February 2011

916 N.Y.S.2d 812
81 A.D.3d 859

The PEOPLE, etc., respondent,
v.
Russell D. ROBINSON, appellant.

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

Feb. 15, 2011.

916 N.Y.S.2d 813

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (J. Doyle, J.), rendered January 12, 2009, convicting him of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts), and resisting arrest, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the plea minutes reveal that he knowingly, voluntarily, and intelligently entered into a plea of guilty ( see People v. Gedin, 46 A.D.3d 701, 847 N.Y.S.2d 231; People v. Gutierrez, 35 A.D.3d 883, 827 N.Y.S.2d 267; People v. Turner, 23 A.D.3d 503, 503-504, 805 N.Y.S.2d 614; People v. Sloane, 13 A.D.3d 400, 785 N.Y.S.2d 538). The plea minutes further demonstrate that, at the time of his plea, the defendant was aware of the postrelease supervision component of his sentence ( see People v. McPherson, 60 A.D.3d 872, 875 N.Y.S.2d 539; People v. Melio, 6 A.D.3d 552, 775 N.Y.S.2d 346; see also People v. Louree, 8 N.Y.3d 541, 838 N.Y.S.2d 18, 869 N.E.2d 18; People v. Catu, 4 N.Y.3d 242, 245, 792 N.Y.S.2d 887, 825 N.E.2d 1081).

The defendant's remaining contentions, including those raised in his pro se supplemental brief, either were forfeited by his plea of guilty or are without merit.

FLORIO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.