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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GLADYS PARRILLA, Appellant.

Defendant's claims concerning ineffective assistance of counsel and enhanced sentencing by the IAS Court are not preserved for appellate review and we decline to review them in the interest of justice (People v. Pellegrino, 60 N.Y.2d 636). However, were we to review these claims we would nonetheless affirm. There are no facts which would indicate the IAS Court should have made further inquiry into defendant's guilt (People v. Francis, 38 N.Y.2d 150). Her plea was knowingly and voluntarily entered. Moreover, during the plea, defendant specifically noted her satisfaction with counsel's representation. We also note that enhanced sentencing was proper since defendant violated the terms and conditions of her lesser promised sentence (People v. Villanueva-Lopez, 192 A.D.2d 305, lv denied 81 N.Y.2d 1021), and was arrested pursuant to a bench warrant (People v. Outley, 80 N.Y.2d 702).

Concur — Sullivan, J.P., Wallach, Ross, Asch and Tom, JJ.

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PEOPLE v. PARRILLA
(Mar 22, 1994)