People v. Jackson

Judgment, Supreme Court, Bronx County (Nicholas J. Iacovetta, J., at plea, John E Collins, J., at sentence), rendered December 2, 2004, convicting defendant of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously modified, on the law, to vacate the DNA databank fee, and otherwise affirmed.

Defendant’s claim that he was entitled to a hearing on the issue of whether he violated the terms of his plea agreement is unpreserved since he never requested a hearing or moved to withdraw his plea (see…