Appellate Division of the Supreme Court of New York, 2003

People v. Anonymous

People v. Anonymous
Appellate Division of the Supreme Court of New York · Decided May 20, 2003
305 A.D.2d 267; 758 N.Y.S.2d 806; 2003 N.Y. App. Div. LEXIS 5713
People v. Anonymous

Opinion of the Court

—Judgment, Supreme Court, New York County (Herbert Adlerberg, J.), rendered December 12, 2000, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree, and sentencing him to a term of 5V2 years to life, unanimously affirmed.

Since defendant did not request a hearing or move to withdraw his plea, he did not preserve his claim that he was entitled to a hearing concerning his compliance with a cooperation agreement (People v Anonymous, 249 AD2d 167 [1998]), and we decline to review it in the interest of justice. Were we to review this claim, we would find there is no evidence of arbitrary or capricious conduct by the People.

We perceive no basis for reducing the sentence. Concur— Tom, J.P., Mazzarelli, Rosenberger, Ellerin and Williams, JJ.

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