People v Olds, 36 NY3d 1091 (2021)

2021 NY Slip Op 02019 [36 NY3d 1091]
April 1, 2021
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Leslie K. Olds, Appellant.

Argued February 11, 2021; decided April 1, 2021

{**36 NY3d at 1092} OPINION OF THE COURT

Memorandum.

The order of the County Court should be affirmed.

After a successful appeal, resulting in the reversal of his conviction upon a nonjury verdict, defendant entered a guilty plea to a different offense before a different judge. The claim that the sentence imposed upon defendant’s guilty plea was presumptively vindictive and imposed without state due process protections (People v Van Pelt, 76 NY2d 156 [1990]) is unpreserved. Defendant’s arguments against imposition of the term of imprisonment, registered before the court imposed sentence, were consistent with arguments for leniency and made no specific reference to the principle of vindictiveness or any potential constitutional violation. Defendant also failed to either object to the sentence actually imposed or move to withdraw his guilty plea. Nor does this record support a claim that the sentence, which was within the ambit of the range of sentences for a class A misdemeanor, was illegal in a respect that “can readily be discerned from the . . . record” (see People v Pena, 28 NY3d 727, 730 [2017]; People v Nieves, 2 NY3d 310, 315 [2004]). As a result, defendant’s arguments are unreviewable.{**36 NY3d at 1093}

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur.

Order affirmed, in a memorandum.