People v. Martinez

• Decision Date: 14 November 2000
• Citation: 277 A.D.2d 64,715 N.Y.S.2d 315
• Court: New York Supreme Court — Appellate Division
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>DAVID MARTINEZ, Appellant.

277 A.D.2d 64

715 N.Y.S.2d 315

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.DAVID MARTINEZ, Appellant.

Decided November 14, 2000.

Concur — Rosenberger, J.P., Tom, Wallach, Rubin and Saxe, JJ.

Defendant did not preserve his claim that the court improperly failed to honor its promise of a more lenient disposition conditioned on defendant's forbearance from the commission of any new crimes while awaiting sentence, and we decline to review it in the interest of justice. Were we to review this claim, we would find that the record establishes that the court acted primarily on the basis of defendant's conviction of a drug felony, committed after the instant conviction. We have considered and rejected defendant's remaining claims.