People v Rodriguez

People v Rodriguez 2007 NY Slip Op 09921 [46 AD3d 356] December 18, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

The People of the State of New York, Respondent,
v
David Rodriguez, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Harold V. Ferguson, Jr. of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Noah J. Chamoy of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Albert Lorenzo, J., at plea; Seth L. Marvin, J., at sentence), rendered May 19, 2006, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 3½ years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal, which forecloses review of his present claim that the court should have exercised its discretion to give him a second chance to complete drug treatment, notwithstanding his conceded violation of his plea agreement (see People v Wilson, 11 AD3d 206 [2004], lv denied 3 NY3d 743 [2004]). Were we to find otherwise, we would find that the court properly exercised its discretion, especially since defendant immediately absconded after being directed to enter a drug program, and was also arrested and convicted of a new crime (see People v Valles, 21 AD3d 855 [2005], lv denied 6 NY3d 760 [2005]). Concur—Mazzarelli, J.P., Saxe, Marlow, Catterson and Malone, JJ.