The People, etc., respondent, v. Sean McCant, appellant. (2010)

Submitted-November 22, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered January 22, 2010, convicting him of rape in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's claim that he was deprived of an opportunity to address the County Court at the time of his sentencing, in violation of CPL 380.50, is unpreserved for appellate review (see People v. Green, 54 N.Y.2d 878;  People v. Chin, 69 AD3d 752;  People v. Chi Fong Chen, 56 AD3d 488;  People v. Ramirez, 236 A.D.2d 564 ).   In any event, the record indicates that the County Court substantially complied with the requirements of the statute (see People v. McClain, 35 N.Y.2d 483, 491-492, cert denied 423 U.S. 852;  People v. Lopez, 250 A.D.2d 707;  People v. Colon, 210 A.D.2d 247).

The defendant's remaining contentions are without merit.

SKELOS, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court