People v Greene

People v Greene 2007 NY Slip Op 00401 [36 AD3d 518] January 23, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 14, 2007

The People of the State of New York, Respondent,
v
Ghandi Greene, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Olivia Sohmer of counsel), for respondent.

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.P., Sullivan, Williams, Gonzalez and Malone, JJ.