Opinion
October 1, 1998
Appeal from the Supreme Court, New York County (Carol Berkman, J.).
Since defendant did not move to withdraw her plea, her current claims are unpreserved for appellate review ( see, People v. Johnson, 82 N.Y.2d 683, 685), and we decline to review them in the interest of justice. Were we to review these claims, we would find from our examination of the record that the plea was made knowingly, intelligently and voluntarily. The court clearly warned defendant that a violation of the prior orders of protection would be a violation of the plea bargain, in which event the court would not be bound by its promise of a sentence of six months and could impose a sentence as high as two years. Therefore, when defendant committed significant violations of the order, the court was entitled to enhance defendant's sentence without giving her an opportunity to withdraw her plea ( see, People v. Thompson, 246 A.D.2d 309), for which reason defense counsel's failure to move to vacate the plea did not constitute ineffective assistance of counsel.
Concur — Milonas, J. P., Rosenberger, Ellerin and Andrias, JJ.