| People v Rivera |
| 2009 NY Slip Op 06776 [66 AD3d 409] |
| October 1, 2009 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v JosÉ Rivera, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Jared Wolkowitz of counsel), forrespondent.
Judgment, Supreme Court, New York County (Robert Stolz, J.), rendered February 25, 2008,convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlledsubstance in the third degree, and sentencing him to a term of five years' probation, unanimouslyaffirmed.
Since the claims defendant raises on appeal were not raised in his motion to withdraw hisguilty plea, those claims are unpreserved (see People v Lopez, 71 NY2d 662, 665[1988]), and we decline to review them in the interest of justice. As an alternative holding, wealso reject them on the merits (see People v Frederick, 45 NY2d 520 [1978]). Neitherdefendant nor his attorney stated any legal basis for withdrawal of the plea, and both declined thecourt's offer to be heard further. Contrary to defendant's suggestion, it was not the function of thecourt to attempt to guess what grounds might support the motion.
We perceive no basis for reducing the sentence. Concur—Tom, J.P., Andrias,Nardelli, DeGrasse and Freedman, JJ.