People v. James

239 A.D.2d 243, 657 N.Y.S.2d 413, 1997 N.Y. App. Div. LEXIS 5202

Opinion

Judgment, Supreme Court, Bronx County (George Daniels, J.), rendered February Í7, 1995, convicting defendant, upon his plea of guilty, of two counts of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4 to 8 years, unanimously affirmed.

Having failed to move to withdraw his plea on the specific grounds now asserted on appeal, defendant’s current claim that he was inadequately warned that a violation of the plea conditions would result in an enhanced sentence is unpreserved for appellate review (People v Mackey, 77 NY2d 846), and we decline to review it in the interest of justice. Were we to review it, we would find it without merit (People v Cruz, 237 AD2d 218), and that defendant’s use of false pedigree information to obtain a favorable plea bargain independently justified an enhanced sentence with no option to withdraw the plea (supra). Concur—Milonas, J. P., Nardelli, Williams and Andrias, JJ.