The People of the State of New York, Ind. / Respondent, v. Waskar Hernandez also known as Oscar Hernandez, etc., Defendant–Appellant. (2017)

Supreme Court, Appellate Division, First Department.

The People of the State of New York, Ind. / Respondent, v. Waskar Hernandez also known as Oscar Hernandez, etc., Defendant–Appellant.

3700 2491N 14

Decided: April 13, 2017

Friedman, J.P., Richter, Mazzarelli, Feinman, Gische, JJ.

Feldman and Feldman, Uniondale (Steven A. Feldman of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Courtney M. Wen of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered December 1, 2015, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of one year, unanimously affirmed.

Merely requesting a more lenient sentence failed to preserve defendant's current claims that his postplea arrest did not constitute a violation of the plea agreement, that he substantially complied with the agreement, that the court should have inquired into the validity of the new arrest, or that theplea should have been vacated (see People v. Pollard, 132 AD3d 554 [1st Dept 2015], lv denied 26 NY3d 1111 [2016] ), and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits.

CLERK

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network