People v. Almestica
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, Bronx County (Edward M. Davidowitz, J., at plea; Seth L. Marvin, J., at sentence), rendered May 5, 2006, convicting defendant of criminal sale of a controlled substance in or near school grounds, and sentencing her, as a second felony offender, to a term of 4^2 to 9 years, unanimously affirmed.
Since defendant did not object to her sentence or seek to withdraw her plea, she did not preserve her claim that she was entitled to an opportunity to withdraw her plea after she failed to comply with the terms of her plea agreement (see e.g. People *798v Cary, 261 AD2d 242 [1999],…
2Cases cited2 opinions
- People v. AveryNew York Court of Appeals · 1995
- People v. CaryAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by1 opinion
- People v. DrewAppellate Division of the Supreme Court of the State of New York · 2007