Opinion
12-02-2015
The PEOPLE, etc., respondent, v. Justin C. WATSON, appellant.
Yasmin Daley Duncan, Brooklyn, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Yasmin Daley Duncan, Brooklyn, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered September 11, 2014, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty should be vacated because the prosecutor allegedly misrepresented that he would provide a laboratory report to the defendant at the sentencing proceeding is unpreserved for appellate review (see CPL 470.05[2]; People v. Andrades, 119 A.D.3d 951, 990 N.Y.S.2d 582; People v. Murphy, 55 A.D.3d 930, 865 N.Y.S.2d 572) and, in any event, based on matter dehors the record (see People v. Mallayev, 120 A.D.3d 1358, 1359–1360, 992 N.Y.S.2d 335).
MASTRO, J.P., HALL, SGROI and DUFFY, JJ., concur.