People v Eddie Morales

People v Morales 2005 NY Slip Op 03608 [18 AD3d 218] May 3, 2005 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 20, 2005

The People of the State of New York, Respondent,
v
Eddie Morales, Appellant.

—[*1]

Judgment, Supreme Court, Bronx County (William C. Donnino, J., at plea; John N. Byrne, J., at sentence), rendered February 20, 2003, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

Defendant's claim that the court erred in imposing a prison sentence is unpreserved and we decline to review this claim in the interest of justice. Were we to review this claim, we would find that the enhanced sentence was proper since it was sufficiently established that defendant violated his plea agreement by failing to appear for a court appearance and failing to participate in the required drug program (see People v Avery, 85 NY2d 503, 507-508 [1995]). Notably, defendant did not dispute the violations or request a hearing. Concur—Sullivan, J.P., Ellerin, Gonzalez and Sweeny, JJ.