The People of the State of New York, Respondent, v. Giovet Rodriguez, Defendant-Appellant. (2026)

Per Curiam.

Judgment of conviction (Robert Rosenthal, J., at plea; John Zhuo Wang, J., at sentencing), rendered September 29, 2022, affirmed.

Defendant's claim that he was entitled to the benefit of the repleader agreement, which, had he complied with it, would have permitted him to replace his misdemeanor conviction with one for disorderly conduct, is unpreserved, and we decline to review it in the interests of justice. Neither defendant nor his counsel raised this claim before the sentencing court (see People v Bethea, 152 AD3d 454, 455 [2017], lv denied 30 NY3d 1017 [2017]; People v Hernandez, 149 AD3d 503 [2017], lv denied 29 NY3d 1080 [2017], citing People v Pollard, 132 AD3d 554 [2015], lv denied 26 NY3d 1111 [2016]), and, in fact, at sentencing, defense counsel stated that "we are essentially interested in ending the case today with the upfront misdemeanor plea, which we already took."

As an alternative holding, we reject the claim on the merits, since defendant failed to comply with the conditions of the repleader agreement, even after being afforded multiple opportunities to fulfill his obligations (see People v Berraho, 217 AD3d 462, 462 [2023], lv denied 40 NY3d 1079 [2023]; People v Hernandez, 77 Misc 3d 130[A], 2022 NY Slip Op 51223[U] [App Term, 1st Dept 2022], lv denied 39 NY3d 1141 [2023]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: September 22, 2026