PEOPLE v. McKOY (2008)

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

The PEOPLE of the State of New York, Respondent, v. Robert L. McKOY, Defendant-Appellant.

Decided: June 06, 2008

PRESENT: MARTOCHE, J.P., SMITH, CENTRA, PERADOTTO, AND GREEN, JJ.

John E. Tyo, Shortsville, for Defendant-Appellant. R. Michael Tantillo, District Attorney, Canandaigua (Michelle H. Crowley of Counsel), for Respondent.

On appeal from a judgment convicting him, upon his plea of guilty, of attempted assault in the second degree (Penal Law §§ 110.00, 120.05[1] ) and criminal possession of a controlled substance in the third degree (§ 220.16 [1] ), defendant contends that he did not receive the benefit of his plea bargain (see generally People v. Lett, 42 A.D.3d 970, 838 N.Y.S.2d 844, lv. denied 9 N.Y.3d 962, 848 N.Y.S.2d 31, 878 N.E.2d 615). The record belies that contention. County Court merely stated during the plea colloquy that it would not oppose defendant's participation in the Comprehensive Alcohol and Substance Abuse Treatment program in the event that the Department of Correctional Services determined that defendant was qualified to participate therein.

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

MEMORANDUM:

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