Opinion
1273-1274
June 4, 2002.
Judgments, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered November 15, 2000, as amended December 21, 2000, convicting defendant, upon his pleas of guilty, of attempted criminal possession of a controlled substance in the fifth degree and grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously affirmed.
ALBERT CEVA, for Respondent.
MARIANNE KARAS, for Defendant-appellant.
Nardelli, J.P., Tom, Rosenberger, Wallach, Friedman, JJ.
Since defendant never moved to withdraw his pleas, his claim that he was improperly induced to enter the pleas by an alleged threat of a higher sentence is not preserved, and we decline to review it in the interest of justice (see, People v. Ali, 96 N.Y.2d 840; People v. Gil, 291 A.D.2d 217, 737 N.Y.S.2d 279). Were we to review this claim, we would find that there was nothing coercive about the court's mention of the scope of sentencing in the event of a conviction after trial, which was made after defendant had already made clear that he had discussed the matter with his attorney and intended to plead guilty (see, People v. Lewis, 243 A.D.2d 402, lv denied 91 N.Y.2d 974).
Defendant's valid waiver of his right to appeal forecloses review of his excessive sentence claim. In any event, we perceive no basis for a reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.