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People v. Newsom

Supreme Court of New York, Second Department

June 19, 2013

The People of the State of New York, respondent,
v.
Tosh Newsom, appellant. Ind. No. 1184/08

Karl E. Bonheim, Riverhead, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas Constant of counsel), for respondent.

MARK C. DILLON, J.P., DANIEL D. ANGIOLILLO, SYLVIA HINDS-RADIX, JJ., CHERYL E. CHAMBERS

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.), rendered February 19, 2010, convicting him attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the County Court conducted a proper inquiry with respect to new charges against the defendant, before imposing an enhanced sentence (see People v Outley, 80 N.Y.2d 702, 713). An evidentiary hearing was not required (see People v Albergotti, 17 N.Y.3d 748, 750). Moreover, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

The defendant's remaining contention is unpreserved for appellate review (see People v Jones, 294 A.D.2d 450) and, in any event, without merit (see People v Vasquez, 267 A.D.2d 118).

DILLON, J.P., ANGIOLILLO, CHAMBERS and HINDS-RADIX, JJ., concur.


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