People v Bradshaw
2013 NY Slip Op 02262 [105 AD3d 758]
April 3, 2013
Appellate Division, Second Department
As corrected through Wednesday, May 29, 2013


The People of the State of New York,Respondent,
v
Olante Bradshaw, Appellant.

[*1]Thomas T. Keating, Dobbs Ferry, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and StevenBender of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County(Colangelo, J.), rendered December 20, 2010, convicting him of robbery in the thirddegree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that the sentencing court failed to conduct a properinquiry into his post-plea arrest before imposing an enhanced sentence is unpreserved forappellate review (see People v Miles, 268 AD2d 489 [2000]). In any event, thesentencing court's inquiry was proper (see generally People v Outley, 80 NY2d702, 713 [1993]).

To the extent that the defendant contends that his sentence was excessive, thatcontention is precluded by the defendant's valid waiver of his right to appeal (see generally People v Lopez,6 NY3d 248, 255-256 [2006]). Dillon, J.P., Hall, Roman and Cohen, JJ., concur.


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