People v. Geremonte

269 A.D.2d 291, 704 N.Y.S.2d 461, 2000 N.Y. App. Div. LEXIS 2055

Opinion

—Judgment, Supreme Court, New York County (George Roberts, J.), rendered December 14, 1995, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

The present record clearly establishes that defendant forfeited the benefit of his original plea bargain where, in contravention of that bargain, he departed a court-ordered drug rehabilitation program after one day, voluntarily and against the advice of the program’s clinical staff (compare, People v Grant, 243 AD2d 358, 359). Defendant has not shown that he is prejudiced by the missing minutes (see, People v Dunbar, 240 AD2d 275, 276, lv denied 90 NY2d 892). Concur— Sullivan, P. J., Nardelli, Wallach, Lerner and Buckley, JJ.