From Casetext: Smarter Legal Research

People v. Wildrick

Supreme Court, Appellate Division, Third Department, New York.
Sep 19, 2019
175 A.D.3d 1674 (N.Y. App. Div. 2019)

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.


Summaries of

People v. Wildrick

Supreme Court, Appellate Division, Third Department, New York.
Sep 19, 2019
175 A.D.3d 1674 (N.Y. App. Div. 2019)
Case details for

People v. Wildrick

Case Details

Full title:The People of the State of New York, Respondent, v. Gerald W. Wildrick…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Sep 19, 2019

Citations

175 A.D.3d 1674 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 6649
106 N.Y.S.3d 649

Citing Cases

People v. Giddings

County Court assured defendant that it would take the additional information provided by her into…

People v. Giddings

County Court assured defendant that it would take the additional information provided by her into…