| People v Goree |
| 2013 NY Slip Op 04490 [107 AD3d 1568] |
| June 14, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v IanGoree, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Nicholas T. Texido of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (M. William Boller,A.J.), rendered October 14, 2011. The judgment convicted defendant, upon his plea ofguilty, of criminal possession of a controlled substance in the fifth degree, aggravatedunlicensed operation of a motor vehicle in the third degree and driving without a safetybelt.
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,inter alia, criminal possession of a controlled substance in the fifth degree (Penal Law§ 220.06 [5]), defendant contends that Supreme Court failed to conduct asufficient inquiry pursuant to People v Outley (80 NY2d 702 [1993]) into hisviolation of the conditions of the plea agreement before imposing an enhanced sentence.We conclude that defendant's contention is not preserved for our review inasmuch as hefailed to request such a hearing and did not move to withdraw his plea on that ground (see People v Scott, 101 AD3d1773, 1773 [2012]; Peoplev Anderson, 99 AD3d 1239, 1239 [2012], lv denied 20 NY3d 1059[2013]), and we decline to exercise our power to review that contention as a matter ofdiscretion in the interest of justice (see CPL 470.15 [6] [a]; Scott, 101AD3d at 1773; People vDarcy, 34 AD3d 230, 231 [2006], lv denied 8 NY3d 879 [2007]). Wefurther conclude that the enhanced sentence is not unduly harsh or severe.Present—Smith, J.P., Fahey, Carni, Valentino and Whalen, JJ.