Opinion
2475.
Decided December 16, 2003.
Judgment, Supreme Court, New York County, (John Cataldo, J.), rendered September 10, 2002, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.
Eleanor J. Ostrow, for Respondent.
Lisa Joy Robertson, for Defendant-Appellant.
Before: Nardelli, J.P., Saxe, Friedman, Marlow, Gonzalez, JJ.
Defendant's contention that the court erred in enhancing his bargained-for sentence without conducting a sufficient inquiry to determine the validity of his post-plea arrest is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the sentencing enhancement was proper ( see People v. Outley, 80 N.Y.2d 702, 713-714).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.