Opinion
2018–14686 2019–12265 S.C.I. No. 270/16, Ind. No. 53/17
02-17-2021
The PEOPLE, etc., respondent, v. Juan A. RODRIGUEZ, appellant.
Yasmin Daley Duncan, Brooklyn, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Yasmin Daley Duncan, Brooklyn, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
WILLIAM F. MASTRO, A.P.J., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeals by the defendant from two judgments of the County Court, Dutchess County (Edward T. McLoughlin, J.), both rendered October 12, 2018, convicting him of operating a motor vehicle while under the influence of alcohol under Superior Court Information No. 270/16, and failure to register or verify as a sex offender under Indictment No. 53/17, upon his pleas of guilty, and imposing sentences. ORDERED that the judgments are affirmed.
The defendant's contention that the County Court failed to conduct a sufficient inquiry to determine whether he violated a presentence condition of his plea agreements is unpreserved for appellate review (see CPL 470.05[2] ; People v. Chambers, 158 A.D.3d 774, 774, 68 N.Y.S.3d 753 ; People v. Humbach, 153 A.D.3d 637, 637–638, 57 N.Y.S.3d 406 ; People v. Bracy, 131 A.D.3d 538, 539, 15 N.Y.S.3d 397 ; People v. Cousar, 128 A.D.3d 716, 716, 9 N.Y.S.3d 96 ; see also People v. McCants, 172 A.D.3d 904, 98 N.Y.S.3d 443 ; People v. Adams, 153 A.D.3d 1449, 1451, 61 N.Y.S.3d 703 ). We decline to review the defendant's contention in the exercise of our interest of justice jurisdiction (see People v. Hopkins, 188 A.D.3d 1253, 132 N.Y.S.3d 809 ; People v. Chambers, 158 A.D.3d at 774, 68 N.Y.S.3d 753 ; People v. Humbach, 153 A.D.3d at 638, 57 N.Y.S.3d 406 ).
MASTRO, A.P.J., HINDS–RADIX, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.