SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
April 26, 2013
THE PEOPLE OF THE STATE OF NEW YORK,
JEREL J. MUNN, DEFENDANT-APPELLANT.
Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered June 21, 2011.
People v Munn
Released on April 26, 2013
Appellate Division, Fourth Department
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: SCUDDER, P.J., PERADOTTO, SCONIERS, VALENTINO, AND MARTOCHE, JJ.
The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree.
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 second degree (Penal Law § 265.03 ). Contrary to defendant's contention, we conclude that Supreme Court fulfilled its duty of advising defendant that the promised sentence included a mandatory period of postrelease supervision (see generally People v Catu, 4 NY3d 242, 244-245), and we therefore reject defendant's further contention that his plea was not knowing and voluntary. The record establishes that "the plea represent[ed] a voluntary and intelligent choice among the alternative courses of action open to defendant" (People v Ford, 86 NY2d 397, 403; see People v Cornell, 16 NY3d 801, 802).
Entered: April 26, 2013
Frances E. Cafarell Clerk of the Court
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