| People v Mills |
| 2011 NY Slip Op 09403 [90 AD3d 1518] |
| December 23, 2011 |
| Appellate Division, Fourth Department |
| The People of the State of New York,Respondent, v Dennis Mills, Also Known as Dennis J. Mills,Appellant. |
—[*1] Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), forrespondent.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), renderedSeptember 2, 2009. The judgment convicted defendant, upon his plea of guilty, of misdemeanordriving while intoxicated, aggravated unlicensed operation of a motor vehicle in the first degreeand driving while ability impaired.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of, interalia, aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and TrafficLaw § 511 [3] [a]) and driving while intoxicated (§ 1192 [3]), defendant contendsthat County Court erred in imposing an enhanced sentence based upon his arrest for a newoffense following the entry of his plea and prior to sentencing. By failing to object to theenhanced sentence or to move to withdraw the plea or to vacate the judgment of conviction,however, defendant failed to preserve that contention for our review (see People v Sprague, 82 AD3d1649 [2011], lv denied 17 NY3d 801 [2011]; People v Magliocco, 78 AD3d 1648 [2010], lv denied 16NY3d 798 [2011]). In any event, because defendant did not deny that he committed the newoffense or otherwise challenge the validity of his postplea arrest, the court was not obligated toconduct an inquiry to determine whether there was a lawful basis for the new arrest beforeimposing an enhanced sentence (seePeople v Hendrix, 62 AD3d 1261 [2009], lv denied 12 NY3d 925 [2009]; People v Huggins, 45 AD3d 1380[2007], lv denied 9 NY3d 1006 [2007]; see generally People v Outley, 80 NY2d702, 713 [1993]). Present—Centra, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.