People v. McCready

• Decision Date: 09 October 2001
• Citation: 731 N.Y.S.2d 394,287 A.D.2d 523
• Court: New York Supreme Court — Appellate Division
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>JOHN K. McCREADY, Appellant.

287 A.D.2d 523

731 N.Y.S.2d 394

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.JOHN K. McCREADY, Appellant.

Decided October 9, 2001.

Bracken, P. J., Luciano, Feuerstein and Adams, JJ., concur.

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, he was not entitled to an Alfinito hearing (see, People v Alfinito, 16 NY2d 181; Franks v Delaware, 438 US 154).

The defendant contends that the sentence imposed upon the conviction for the crime of assault in the second degree was not the sentence originally promised. That contention is unpreserved for appellate review, since the defendant did not object to the sentence or move to withdraw his plea at the time of sentencing, nor did he move to vacate the judgment or set aside the sentence (see, CPL 440.10, 440.20; People v Hurley, 75 NY2d 887; People v Chronis, 282 AD2d 687).