PEOPLE, res, v. MICHELLE SWEENEY, def-ap

9073. PEOPLE, res, v. MICHELLE SWEENEY, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Thomas M. Nosewicz of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (John B.F. Martin of counsel), for res — Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered May 12, 2011, convicting defendant, upon her plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony drug offender, to a term of 8 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 4 years, and otherwise affirmed.

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9073. PEOPLE, res, v. MICHELLE SWEENEY, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Thomas M. Nosewicz of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (John B.F. Martin of counsel), for res — Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered May 12, 2011, convicting defendant, upon her plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony drug offender, to a term of 8 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 4 years, and otherwise affirmed.

Defendant has not preserved her claim that the court failed to advise her of the length of the postrelease supervision component of the sentence she would receive in the event that she violated certain terms of her guilty plea. Since defendant was on notice of this specific information well before sentence was imposed, she was required to preserve this issue by moving to withdraw her plea (People v. Murray, 15 NY3d 725, 726-727 [2010]). We decline to review her unpreserved claim in the interest of justice, and as an alternative holding we reject it on the merits. At the proceeding at which defendant pleaded guilty, the court warned defendant that the consequences of failing to comply with the drug treatment requirements of her plea would be spelled out in a written plea agreement. Approximately one month later, after defendant was accepted by a drug program, defendant signed a written plea agreement that set forth the possible sentencing consequences, including the precise terms of imprisonment and PRS. The document was reviewed in open court, and was signed by the court itself as well as defendant and her attorney. Thus, the document was functionally equivalent to oral advice by the court concerning PRS, and the proceeding at which it was signed was essentially a continuation of the plea proceeding.

PEOPLE, res, v. MICHELLE SWEENEY, def-ap

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