PEOPLE v. JAMES (1997)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Carl JAMES, a/k/a Damon Elvin, Defendant-Appellant.

Decided: May 15, 1997

Before MILONAS, J.P., and NARDELLI, WILLIAMS and ANDRIAS, JJ.

Jacqueline M. Vernon, for Respondent. Ellen Dille, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (George Daniels, J.), rendered February 17, 1995, convicting defendant, upon his plea of guilty, of two counts of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4 to 8 years, unanimously affirmed.

Having failed to move to withdraw his plea on the specific grounds now asserted on appeal, defendant's current claim that he was inadequately warned that a violation of the plea conditions would result in an enhanced sentence is unpreserved for appellate review (People v. Mackey, 77 N.Y.2d 846, 567 N.Y.S.2d 639, 569 N.E.2d 442), and we decline to review it in the interest of justice. Were we to review it, we would find it without merit (People v. Cruz, 237 A.D.2d 218, 655 N.Y.S.2d 763), and that defendant's use of false pedigree information to obtain a favorable plea bargain independently justified an enhanced sentence with no option to withdraw the plea (id.).

MEMORANDUM DECISION.

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