People v. Rodriguez

Judgment, Supreme Court, New York County (Micki A. Scherer, J.), rendered February 21, 2007, as amended April 13, 2007, convicting defendant, upon his plea of guilty, of attempted conspiracy in the second degree, and sentencing him, as a second felony offender, to a term of ¿Va to 9 years, unanimously affirmed.

The court resentenced defendant to an indeterminate term after discovering that the original sentence to a determinate term of five years was unlawful. Defendant failed to preserve his contention that the court erred in resentencing him without first offering him an opportunity to…