Majority
p. 895The People of the State of New York, Respondent, v Marilyn H. Luksch, Appellant. [696 NYS2d 725]
—Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in failing to afford her an opportunity to withdraw her plea before imposing an enhanced sentence (see, People v Selikoff, 35 NY2d 227 , 241, cert denied 419 US 1122 ). That contention is not preserved for our review (see, CPL 470.05 [2]; People v Dremeguila, 166 AD2d 196 , lv denied 76 NY2d 1020 ; People v Ifill, 108 AD2d 202 , 203), and we decline to exercise our power to review it as a matter of discretion in
p. 896
the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Erie County Court, DiTullio, J. — Felony Driving While Intoxicated.) Present — Green, J. P., Pine, Wisner, Callahan and Balio, JJ.
Cases cited
- People v. Selikoff 35 NY2d 227 at 241 p. 895
- People v. Dremeguila 166 AD2d 196 p. 895
- People v. Ifill 108 AD2d 202 at 203 p. 895