Opinion
Submitted October 25, 2000.
November 21, 2000.
Appeal by the defendant from a judgment of the County Court, Orange County (Pano Z. Patsalos, J.), rendered September 9, 1998, convicting him of operating a motor vehicle while under the influence of alcohol, upon his plea of guilty, and imposing sentence.
Dennis P. Portararo, Middletown, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.
Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the court improperly imposed a greater sentence than what had been promised is not preserved for appellate review, as he neither objected to the sentence on that ground nor moved to vacate his plea (see, People v. Wilson, 257 A.D.2d 674; People v. Gayle, 224 A.D.2d 710). In addition, since the defendant has been released from incarceration, rendering his claim largely academic, we decline to review it in the exercise of our interest of justice jurisdiction.