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The People of the State of New York v. Kenneth Knott

State of New York Supreme Court, Appellate Division Third Judicial Department


February 2, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
KENNETH KNOTT, APPELLANT.

Appeal from a judgment of the County Court of Columbia County (Nichols, J.), rendered August 10, 2010, convicting defendant upon his plea of guilty of the crime of failure to register or verify as a sex offender.

MEMORANDUM AND ORDER

Calendar Date: January 6, 2012

Before: Mercure, Acting P.J., Spain, Kavanagh, Stein and Egan Jr., JJ.

Defendant, a risk level III sex offender, waived indictment and pleaded guilty to a superior court information charging him with failure to register or verify as a sex offender. County Court sentenced defendant to 1a to 4 years in prison and he now appeals.

Initially, defendant's contention that he was not provided with the effective assistance of counsel is not preserved for our review given his failure to move to withdraw the plea or vacate the judgment of conviction (see People v Bolden, 78 AD3d 1419, 1420 [2010], lv denied 16 NY3d 828 [2011]; People v Miller, 70 AD3d 1120, 1121 [2010], lv denied 14 NY3d 890 [2010]). Moreover, reversal in the interest of justice is not warranted, inasmuch as the record does not indicate that defendant's representation was less than meaningful (see People v Bolden, 78 AD3d at 1420; People v Miller, 70 AD3d at 1121). Nor are we persuaded that the sentence imposed was harsh or excessive. The record reflects that County Court considered all of the information contained in the presentence investigation report, as well as the letters submitted by defendant's family and friends. Defendant has not established the existence of any extraordinary circumstances or an abuse of discretion warranting reduction of the sentence in the interest of justice (see People v Mason, 82 AD3d 1365, 1366 [2011]; People v Hey, 74 AD3d 1582, 1583 [2010], lv denied 15 NY3d 852 [2010]).

Mercure, Acting P.J., Spain, Kavanagh, Stein and Egan Jr., JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court

20120202

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