State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: October 8, 2015 107034 

________________________________

THE PEOPLE OF THE STATE OF

NEW YORK,

Respondent,

v MEMORANDUM AND ORDER

SEDDY RICHARDSON,

Appellant.

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Calendar Date: September 18, 2015

Before: Garry, J.P., Rose, Lynch and Devine, JJ.

__________

Gordon Eddy, Albany, for appellant.

J. Anthony Jordon, District Attorney, Fort Edward (Sara E.

Fischer of counsel), for respondent.

__________

Rose, J.

Appeal from a judgment of the County Court of Washington

County (McKeighan, J.), rendered August 7, 2014, convicting

defendant upon his plea of guilty of the crime of attempted

promoting prison contraband in the first degree.

Defendant, an inmate, was found with drugs concealed on his

body and was thereafter charged in a three-count indictment with

promoting prison contraband in the first degree and related

charges. In satisfaction thereof, defendant pleaded guilty to

the reduced charge of attempted promoting prison contraband in

the first degree. As agreed, he was sentenced, as an admitted

second felony offender, to a prison term of 11⁄2 to 3 years, to be

served consecutively to the sentence he was then serving. 

Defendant now appeals.
-2- 107034 

Defendant contends that his guilty plea was not knowing,

voluntary and intelligent in that County Court misadvised him

regarding the consequences that his guilty plea might have on

potential enhanced sentencing for a felony he may commit in the

future. This claim is unpreserved, however, as the record does

not reflect that defendant made an appropriate postallocution

motion to withdraw his plea (see People v Wheeler, 128 AD3d 1177,

1178 [2015]). Nor is the narrow exception to the preservation

requirement applicable as defendant made no statements during the

plea allocution that negated an element of the crime or otherwise

called into doubt his guilt or the voluntariness of his plea (see

People v Lopez, 71 NY2d 662, 666 [1988]). In any event, County

Court advised defendant that, if he pleaded guilty, he would "be

known as a prior felony offender in the future" and that if he

were convicted of another felony "within the next [10] years" the

"sentence would include incarceration [in] state prison." The

court was not required to explain that in calculating the 10-year

period, periods of incarceration would be excluded, and the

court's comments did not erroneously suggest that enhanced

sentencing would only be possible for the next 10 consecutive

years (see Penal Law § 70.06 [1] [b] [v]). Moreover,

"defendant's eligibility for an enhanced sentence upon a

hypothetical future conviction is merely a 'collateral

consequence' of a plea of guilty that the defendant need not be

advised of in order for the guilty plea to be deemed fully

informed" (People v August, 33 AD3d 1046, 1050 [2006], lv denied

8 NY3d 878 [2007]; see People v McGrath, 43 NY2d 803, 804 [1977];

People v Brown, 68 AD3d 1150, 1151 [2009]; People v Folk, 43 AD3d

1229, 1230 [2007], lv denied 9 NY3d 1033 [2008]).

Garry, J.P., Lynch and Devine, JJ., concur.
-3- 107034 

ORDERED that the judgment is affirmed. 

ENTER:

Robert D. Mayberger

Clerk of the Court