Opinion
December 8, 1994
Appeal from the Supreme Court, Bronx County (Dominic Massaro, J.).
Defendant's claim that the no-arrest condition on the basis of which the court enhanced the sentence was not a part of the plea bargain is not preserved for appellate review as a matter of law, defendant never having objected at sentencing or moved to withdraw his plea or to vacate the judgment of conviction (People v Ramirez, 196 A.D.2d 775, lv denied 82 N.Y.2d 852). Were we to consider the issue in the interest of justice, we would find that the no-arrest condition, although pronounced after the court had accepted defendant's plea, was an explicit term of the plea agreement knowingly and voluntarily assented to by defendant (see, People v Outley, 80 N.Y.2d 702).
Concur — Murphy, P.J., Sullivan, Rosenberger and Asch, JJ.