People v Feliciano
2013 NY Slip Op 07764 [22 NY3d 986]
November 21, 2013
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 12, 2014


[*1]
The People of the State of New York, Respondent,
v
Wilson Feliciano, Appellant.

Decided November 21, 2013

People v Feliciano, 101 AD3d 617, affirmed.

APPEARANCES OF COUNSEL

Steven Banks, The Legal Aid Society, New York City (Laura Boyd of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York City (Martin J. Foncello and Richard Nahas of counsel), for respondent.

{**22 NY3d at 987} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant's contention that he completed the terms of his original plea agreement and was therefore entitled to dismissal of the indictment is not preserved for our review. Upon his discharge, defendant did not move for dismissal following the events that he now says [*2]constituted performance of the agreement.

Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.