In People v. Kopy , Gary Kopy pled guilty and was convicted of second-degree criminal possession of a forged instrument. (How ironic is that?)
Kopy -- who had four prior convictions -- was given two weeks to discuss a plea with his attorney. In return for a guilty plea, Kopy was sentenced to 3 to 6 years in prison and ordered to make restitution. A second felony offender statement was filed and Kopy was sentenced by the Tioga County Supreme Court as a "second felony offender."
When he appealed to the Appellate Division, Third Department, Kopy claimed he hadn't been told he would be sentenced as a second felony offender and that his plea was "not knowing or voluntary."
On review, the appellate court found Kopy's arguments "unpersuasive." In addition, since he failed to object to any irregularity during the proceedings' course, the AD3 refused to take "corrective action."
Kopy that?
To download a copy of the Appellate Division's decision, please use this link: People v. Kopy