THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. MARK HAWKINS ALSO KNOWN AS MARCUS COLEMAN DEFENDANT APPELLANT (2016)

Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MARK HAWKINS, ALSO KNOWN AS MARCUS COLEMAN, DEFENDANT–APPELLANT.

KA 14–01045

Decided: December 23, 2016

PRESENT: CARNI, J.P., LINDLEY, DEJOSEPH, CURRAN, AND TROUTMAN, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SHERRY A. CHASE OF COUNSEL), FOR DEFENDANT–APPELLANT. MICHAEL J. FLAHERTY, JR., ACTING DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the third degree (Penal Law § 265.02[3] ). Defendant failed to preserve for our review his challenge to Supreme Court's alleged enhancement of his sentence at the time of sentencing inasmuch as defendant did not object to the alleged enhanced sentence or move to withdraw his guilty plea (see People v. Viele, 124 AD3d 1222, 1223). We decline to exercise our power to review defendant's contention as a matter of discretion in the interest of justice (see CPL 470.15[3][c] ). We reject defendant's contention that his sentence is unduly harsh and severe.

Frances E. Cafarell

Clerk of the Court

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