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PEOPLE v. DREW

45 A.D.3d 441 (2007)

844 N.Y.S.2d 871

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIK J. DREW, Also Known as ERIC DREW, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 20, 2007.

Defendant violated his plea agreement by being convicted of additional crimes while awaiting sentencing. He did not preserve his present argument that the court violated his due process rights by imposing an enhanced sentence, based on the breach of the agreement, without offering him the opportunity to withdraw his plea (see e.g. People v Almestica, 43 A.D.3d 797 [2007]), and we decline to review it in the interest of justice. Were...

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