People v Drew

People v Drew 2007 NY Slip Op 09111 [45 AD3d 441] November 20, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

The People of the State of New York, Respondent,
v
Erik J. Drew, Also Known as Eric Drew, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Laura Boyd of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Gina Mignola of counsel), for respondent.

Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered January 26, 2006, convicting defendant, upon his plea of guilty, of criminal mischief in the third degree, and sentencing him to a term of one year, unanimously affirmed.

Defendant violated his plea agreement by being convicted of additional crimes while awaiting sentencing. He did not preserve his present argument that the court violated his due process rights by imposing an enhanced sentence, based on the breach of the agreement, without offering him the opportunity to withdraw his plea (see e.g. People v Almestica, 43 AD3d 797 [2007]), and we decline to review it in the interest of justice. Were we to review this claim, we would find it without merit. The court made clear to defendant the consequences of violating his plea agreement. Concur—Andrias, J.P., Nardelli, Gonzalez, Sweeny and Malone, JJ.