People v. Moffett

Memorandum:

Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [1]). “Defendant failed to preserve for our review his contention that County Court erred in failing to advise him of his right to a hearing concerning his alleged violations of the plea agreement prior to imposing an enhanced sentence” (People v Gibson, 52 AD3d 1227, 1227 [2008]; see also People v Sprague, 82 AD3d 1649 [2011], lv denied 17 NY3d 801 [2011]; People v Perry, 252 AD2d 990 [1998], lv denied 92 NY2d 929…