People v. Berrian

Judgment, Supreme Court, New York County (Laura A. Ward, J. at plea, sentencing and resentencing; Eduardo Padró, J. at diversion proceedings), rendered December 28, 2015, as amended May 31, 2016, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of three years, unanimously affirmed.

Defendant’s challenges to the voluntariness of his plea are waived because he declined the resentencing court’s offer of an opportunity to withdraw the plea, and we reject defendant’s arguments to the contrary.…