Opinion
04-13-2017
The PEOPLE of the State of New York, Respondent, v. Waskar HERNANDEZ also known as Oscar Hernandez, etc., Defendant–Appellant.
Feldman and Feldman, Uniondale (Steven A. Feldman of counsel), for Appellant. Cyrus R. Vance, Jr., District Attorney, New York (Courtney M. Wen of counsel), for Respondent.
Feldman and Feldman, Uniondale (Steven A. Feldman of counsel), for Appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Courtney M. Wen of counsel), for Respondent.
FRIEDMAN, J.P., RICHTER, MAZZARELLI, FEINMAN, GISCHE, JJ.
Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered December 1, 2015, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of one year, unanimously affirmed.
Merely requesting a more lenient sentence failed to preserve defendant's current claims that his postplea arrest did not constitute a violation of the plea agreement, that he substantially complied with the agreement, that the court should have inquired into the validity of the new arrest, or that the plea should have been vacated (see People v. Pollard, 132 A.D.3d 554, 17 N.Y.S.3d 864 [1st Dept.2015], lv. denied 26 N.Y.3d 1111, 26 N.Y.S.3d 770, 47 N.E.3d 100 [2016] ), and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits.