People v King

People v King 2008 NY Slip Op 07746 [55 AD3d 362] October 14, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 10, 2008

The People of the State of New York, Respondent,
v
Kevin King, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Victoria E. Phillips of counsel), for respondent.

Judgment, Supreme Court, New York County (Gregory Carro, J., at plea; Bruce Allen, J., at sentence), rendered May 15, 2006, convicting defendant of attempted sexual abuse in the first degree, and sentencing him to a term of 11/3 to 4 years, unanimously affirmed.

Since defendant did not move to withdraw his plea, his claim that his sentence violated his plea agreement is unpreserved (see e.g. People v Taylor, 5 AD3d 333 [2004], lv denied 3 NY3d 648 [2004], lv denied 3 NY3d 649 [2004]), and we decline to review it in the interest of justice. As an alternative holding, we find no basis for reversal. We also perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P., Friedman, Nardelli, Williams and Freedman, JJ.