People v. Whitty

Jun 1, 2016
2015-02850
Versions:140 A.D.3d 802
30 N.Y.S.3d 886

Ordered that the judgment is affirmed.

The sentence and commitment complies with CPL 380.65 (see People v Jackson, 136 AD3d 1056, 1057 [2016]; People v Ellis, 123 AD3d 1054, 1054 [2014]; see generally People v Lynch, 121 AD3d 717, 719 [2014]). Moreover, the record does not support the defendant‘s contention that the County Court induced him to plead guilty through a promise it had no power to fulfill (cf. People v Ballato, 128 AD3d 846, 846-847 [2015]).

The defendant‘s assertion at sentencing that he was not guilty contradicted his express sworn admissions at the plea proceeding and did not warrant vacatur of the plea or a hearing (see CPL 220.60 [3]; People v Upson, 134 AD3d 1058, 1058-1059 [2015]). Balkin, J.P., Hall, Miller and LaSalle, JJ., concur.