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People v. Belile

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 6, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
THOMAS J. BELILE, DEFENDANT-APPELLANT.

Appeal from a judgment of the Wayne County Court (John B. Nesbitt, J.), rendered October 18, 2005. The judgment convicted defendant, upon his plea of guilty, of aggravated unlicensed operation of a motor vehicle in the first degree, driving while intoxicated, a class E felony, and attempted forgery in the second degree.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

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

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, inter alia, attempted forgery in the second degree (Penal Law §§ 110.00, 170.10 [3]). Defendant failed to preserve for our review his contention that County Court erred in enhancing the sentence without affording him the opportunity to withdraw his plea (see People v VanDeViver, 56 AD3d 1118), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]; cf. People v Waggoner, 53 AD3d 1143, 1144; People v Fomby, 42 AD3d 894, 895). The sentence is not unduly harsh or severe.

20090206

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