People v Rodriguez |
2021 NY Slip Op 01072 |
Decided on February 17, 2021 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on February 17, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, A.P.J.
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
2018-14686
2019-12265
v
Juan A. Rodriguez, appellant. (S.C.I. No. 270/16, Ind. No. 53/17)
Yasmin Daley Duncan, Brooklyn, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
DECISION & ORDER
Appeals by the defendant from two judgments of the County Court, Dutchess County (Edward T. McLoughlin, J.), both rendered October 12, 2018, convicting him of operating a motor vehicle while under the influence of alcohol under Superior Court Information No. 270/16, and failure to register or verify as a sex offender under Indictment No. 53/17, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
The defendant's contention that the County Court failed to conduct a sufficient inquiry to determine whether he violated a presentence condition of his plea agreements is unpreserved for appellate review (see CPL 470.05[2]; People v Chambers, 158 AD3d 774, 774; People v Humbach, 153 AD3d 637, 637-638; People v Bracy, 131 AD3d 538, 539; People v Cousar, 128 AD3d 716, 716; see also People v McCants, 172 AD3d 904; People v Adams, 153 AD3d 1449, 1451). We decline to review the defendant's contention in the exercise of our interest of justice jurisdiction (see People v Hopkins, 188 AD3d 1253; People v Chambers, 158 AD3d at 774; People v Humbach, 153 AD3d at 638).
MASTRO, A.P.J., HINDS-RADIX, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:Aprilanne Agostino
Clerk of the Court