People v Goode-Ford, 2022 NY Slip Op 03400 [205 AD3d 1051]
May 25, 2022
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Kaliek Goode-Ford, Appellant.
Samuel S. Coe, White Plains, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (Robert H. Freehill, J.), rendered January 28, 2020, convicting him of attempted criminal possession of a weapon in the second degree, criminal possession of a weapon in the fourth degree, and criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The County Court providently exercised its discretion in denying, without a hearing, the defendant’s motion to withdraw his plea of guilty. Reviewing the record as a whole, we conclude that the defendant’s plea of guilty was knowingly, voluntarily, and intelligently made ( see People v Jamison , 197 AD3d 569 , 570 [2021]; People v Meyn , 193 AD3d 1080 , 1081 [2021]). Further, there is no support in the record for the defendant’s contention that he lacked the capacity to understand the proceedings against him ( see People v Arce , 196 AD3d 696 , 697 [2021]).
The defendant’s contention that the County Court should have held a hearing prior to imposing an enhanced sentence is unpreserved for appellate review, since the defendant neither requested such a hearing nor moved to withdraw his plea on this ground ( see People v Shealy , 195 AD3d 1047 , 1048 [2021]). In any event, the court providently exercised its discretion in imposing the enhanced sentence without a hearing, since the defendant did not deny that he was convicted, upon his plea of guilty, of a postplea crime in violation of the conditions of his plea agreement ( see People v Knee , 174 AD3d 646 [2019]; People v Cousar , 128 AD3d 716 , 716-717 [2015]). Barros, J.P., Iannacci, Miller and Wooten, JJ., concur..