New York Court of Appeals June 7, 2016, 78 (The People v. Baasil Reynolds)

Rivera, J.

(dissenting). A plea agreement conditioned on defendant’s presentence “interim incarceration” lacks statutory authority and renders the plea invalid. Based on our case law, I disagree with the majority that defendant’s claim is unpre-served for our review, and on the merits I conclude the plea should be vacated.