People v Detres-Perez

2015 NY Slip Op 03243 [127 AD3d 535]

April 16, 2015

Appellate Division, First Department

As corrected through Wednesday, June 3, 2015

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The People of the State of New York,Respondent, v Elsie Detres-Perez, Appellant.

Feldman and Feldman, Uniondale (Steven A. Feldman of counsel), forappellant.

Cyrus R. Vance, Jr., District Attorney, New York (Eleanor J. Ostrow of counsel), forrespondent.

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), renderedApril 3, 2012, convicting defendant, upon her plea of guilty, of conspiracy in the seconddegree and criminal possession of a controlled substance in the third degree, andsentencing her to an aggregate term of 41/3 to 13 years, unanimouslyaffirmed.

Since the record establishes that defendant's forfeiture agreement was part of thejudgment of conviction (see Penal Law § 60.30), defendant'schallenge to that agreement is reviewable on this appeal (see People v Carmichael, 123AD3d 1053 [2d Dept 2014]). However, her claim that the court coerced theagreement is unpreserved (seePeople v Abruzzese, 30 AD3d 219, 220 [1st Dept 2006], lv denied 7NY3d 784 [2006]), and we decline to review it in the interest of justice. As an alternativeholding, we reject it on the merits.

We perceive no basis for reducing the prison sentence. Concur—Mazzarelli,J.P., Friedman, Manzanet-Daniels, Clark and Kapnick, JJ.