Appeal from a judgment of the Allegany County Court (Thomas P. Brown, J.), rendered September 30, 2013. The judgment convicted defendant, upon his plea of guilty, of burglary in the second degree.
Arza Feldman, Uniondale, for Defendant–Appellant.
Keith A. Slep, District Attorney, Belmont, for Respondent.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the second degree (Penal Law § 140.25[2] ). Defendant contends that County Court induced his plea with a promise of granting a “violent felony override,” a promise which defendant maintains the court lacked authority to make (see People v. Ballato, 128 A.D.3d 846, 847, 9 N.Y.S.3d 152 ). Contrary to defendant's contention, however, the record establishes that “neither [his] eligibility for the shock incarceration program ..., nor his ultimate
admission to that program was a condition of the plea” (People v. Williams, 84 A.D.3d 1417, 1418, 924 N.Y.S.2d 539, lv. denied 17 N.Y.3d 863, 932 N.Y.S.2d 28, 956 N.E.2d 809 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
CENTRA, J.P., CARNI, DeJOSEPH, CURRAN, and SCUDDER, JJ., concur.