People v Detres-Perez
2015 NY Slip Op 03243 [127 AD3d 535]
April 16, 2015
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 3, 2015


[*1]
 The People of the State of New York, Respondent,
v
Elsie Detres-Perez, Appellant.

Feldman and Feldman, Uniondale (Steven A. Feldman of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Eleanor J. Ostrow of counsel), for respondent.

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered April 3, 2012, convicting defendant, upon her plea of guilty, of conspiracy in the second degree and criminal possession of a controlled substance in the third degree, and sentencing her to an aggregate term of 41/3 to 13 years, unanimously affirmed.

Since the record establishes that defendant's forfeiture agreement was part of the judgment of conviction (see Penal Law § 60.30), defendant's challenge to that agreement is reviewable on this appeal (see People v Carmichael, 123 AD3d 1053 [2d Dept 2014]). However, her claim that the court coerced the agreement is unpreserved (see People v Abruzzese, 30 AD3d 219, 220 [1st Dept 2006], lv denied 7 NY3d 784 [2006]), and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits.

We perceive no basis for reducing the prison sentence. Concur—Mazzarelli, J.P., Friedman, Manzanet-Daniels, Clark and Kapnick, JJ.