People v. Greene

36 A.D.3d 518, 826 N.Y.S.2d 892

Opinion

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered July 13, 2005, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of from 5 to 10 years, unanimously affirmed.

The sentencing court properly concluded that defendant had breached his plea agreement and forfeited his opportunity for a more lenient disposition. The agreement clearly provided that commission of a new crime would constitute a violation, even if defendant had already completed a drug treatment program (see People v Cataldo, 39 NY2d 578 [1976]).

We perceive no basis for reducing the sentence. Concur— Andrias, J.E, Sullivan, Williams, Gonzalez and Malone, JJ.