People v O'Rourke

People v O'Rourke 2012 NY Slip Op 00018 Decided on January 3, 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 3, 2012
Gonzalez, P.J., Andrias, DeGrasse, Richter, Abdus-Salaam, JJ.
6460 5870/07

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

v

Darin O'Rourke, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Adrienne M.
Gantt of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (John B.F.
Martin of counsel), for respondent.

Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered July 1, 2010, 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 drug offender, to a term of three and one-half years, plus three years postrelease supervision, unanimously affirmed.

Regardless of whether defendant validly waived his right to appeal, his claim that the court should have imposed a lesser sentence is devoid of merit and we decline to reduce his sentence in the interest of justice. Under the terms of the DTAP 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 3, 2012

CLERK