| People v Lopez |
| 2018 NY Slip Op 00487 [157 AD3d 1163] |
| January 25, 2018 |
| Appellate Division, Third Department |
[*1](January 25, 2018)
| The People of the State of New York, Respondent, v JasonLopez, Appellant. |
Paul R. Corradini, Elmira, for appellant.
Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen D. Ferri of counsel), forrespondent.
Appeal from a judgment of the County Court of Broome County (Cawley Jr., J.), renderedJuly 17, 2015, convicting defendant upon his plea of guilty of the crime of attempted criminalpossession of a weapon in the second degree.
In full satisfaction of a multicount indictment and other uncharged crimes, defendant pleadedguilty to one count of attempted criminal possession of a weapon in the second degree with theunderstanding that he would be sentenced as a second felony offender to five years in prisonfollowed by five years of postrelease supervision. Defendant, who was remanded pendingsentencing, thereafter sought an adjournment/furlough in order to visit his terminally ill father inNew York City. Although the People opposed defendant's request, County Court granteddefendant a one-week furlough—taking great care to warn defendant that, if he wascharged with any criminal conduct before returning to court, arrived one minute late for thescheduled sentencing proceeding or, upon his return, "test[ed] positive for anything," including"alcohol or any illegal drug of any type," the court would impose the maximum prison term ofseven years. Defendant subsequently tested positive for alcohol and PCP and, after beingafforded an opportunity to review the test results, defendant elected to forgo an Outleyhearing. County Court thereafter sentenced defendant as a second felony offender to an enhancedprison term of seven years followed by five years of postrelease supervision. Defendant nowappeals, contending that the enhanced sentence imposed was harsh and excessive.
Defendant concedes that his challenge to the severity of his sentence is unpreserved for ourreview, as he neither objected to the enhanced sentence during the course of the sentencing [*2]proceeding nor moved to withdraw his plea (see People v Garrow, 147 AD3d1160, 1161-1162 [2017]; People vWachtel, 117 AD3d 1203, 1203 [2014], lv denied 23 NY3d 1044 [2014]).Although defendant urges this Court to take corrective action in the interest of justice, we discernno basis upon which to do so (seePeople v Giammichele, 144 AD3d 1320, 1320-1321 [2016], lv denied 28 NY3d1184 [2017]). Accordingly, the judgment of conviction is affirmed.
Egan Jr., J.P., Devine, Clark, Aarons and Rumsey, JJ., concur. Ordered that the judgment isaffirmed.