| People v Majette-Stone (Robin) |
| 2017 NY Slip Op 50790(U) |
| Decided on June 7, 2017 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Justice Court of the Town of Beekman, Dutchess County (Robert D. Ferris, J.), rendered January 23, 2014. The judgment convicted defendant, upon her plea of guilty, of promoting prison contraband in the second degree.
ORDERED that the judgment of conviction is affirmed.
Defendant, while represented by counsel, pleaded guilty to promoting prison contraband in the second degree (Penal Law § 205.20 [1]). Defendant was sentenced to a one-year conditional discharge, the conditions of which were that she was banned from visiting any state prison for one year and ordered to complete 80 hours of community service. On appeal, defendant contends that her guilty plea should be vacated since it was not validly entered into and that the conditions imposed upon her sentence of a conditional discharge were harsh and excessive.
When a defendant pleads guilty to a crime, he or she generally must move to withdraw the plea or otherwise object to its entry prior to the imposition of sentence to preserve a challenge to the validity of the plea for appellate review (see People v Williams, 27 NY3d 212 [2016]; People v Leach, 26 NY3d 1154 [2016]; People v Toxey, 86 NY2d 725, 726 [1995]). As defendant was sentenced over two months after she entered her plea of guilty, she failed to preserve her current claim pertaining to the validity of her guilty plea (cf. People v Conceicao, 26 NY3d 375 [2015]; People v Louree, 8 NY3d 541 [2007]). We note that defendant has already served her sentence, and, thus, the issues raised pertaining to her sentence have been rendered academic (see People v Ackridge, 31 AD3d 654 [2006]; People v Pompi, 31 Misc 3d 145[A], 2011 NY Slip Op 50936[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2011]).
Accordingly, the judgment of conviction is affirmed.
Marano, P.J., Tolbert and Brands, JJ., concur.