People v Brazier

People v Brazier 2012 NY Slip Op 00024 Decided on January 5, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 5, 2012
Gonzalez, P.J., Friedman, Moskowitz, Acosta, Richter, JJ.
6307 3047/07

[*1]The People of the State of New York, Respondent,

v

Jeffrey Brazier, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Joanne
Legano Ross of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Marc Weber
of counsel), for respondent.

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered May 6, 2008, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of 10 years, unanimously affirmed.

Regardless of whether defendant validly waived his right to appeal, his claim that the court should have conducted a hearing on the extent of his compliance with his plea agreement is unpreserved, and we decline to review it in the interest of justice. We find that the court made a thorough inquiry, including giving defendant an opportunity to explain what happened, and then appropriately imposed an enhanced sentence. Under the terms of the agreement, defendant's inadequate compliance exposed him to an even longer sentence than the court actually imposed.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 5, 2012

CLERK