Opinion
109558
09-19-2019
The PEOPLE of the State of New York, Respondent, v. Gerald W. WILDRICK, Appellant.
Jeffrey R. Parry, Oneida, for appellant. Kirk O. Martin, District Attorney, Owego (Sandra L. Cardone of counsel), for respondent.
Jeffrey R. Parry, Oneida, for appellant.
Kirk O. Martin, District Attorney, Owego (Sandra L. Cardone of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Clark, Mulvey and Pritzker, JJ.
MEMORANDUM AND ORDER
Egan Jr., J. In November 2016, defendant was charged by indictment with two counts of criminal sale of a controlled substance in the third degree. Defendant thereafter pleaded guilty to one count of criminal sale of a controlled substance in the third degree in satisfaction of the indictment and was sentenced, in accordance with the plea agreement, to a prison term of five years, to be followed by one year of postrelease supervision. Defendant appeals.
Defendant failed to preserve for appellate review his claim that the sentence imposed violated his right to equal protection under both the State and Federal Constitutions as he did not object to the imposition of sentence on this basis at the combined plea and sentencing proceeding (see People v. Creech , 165 A.D.3d 1491, 1494, 87 N.Y.S.3d 384 [2018] ; People v. Cesar , 131 A.D.3d 223, 226–227, 14 N.Y.S.3d 100 [2015] ) or make an appropriate postallocution motion to withdraw his guilty plea (see People v. Brewster , 161 A.D.3d 1309, 1310, 77 N.Y.S.3d 205 [2018] ). Accordingly, we find no basis to disturb the judgment.
Garry, P.J., Clark, Mulvey and Pritzker, JJ., concur.
ORDERED that the judgment is affirmed.