Opinion
1030 Ind. No. 4265/15 Case No. 2019–4830
11-16-2023
The PEOPLE of the State of New York, Respondent, v. Eduardo RAMIREZ, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (David Gagne of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (David Gagne of counsel), for respondent.
Renwick, P.J., Kern, Gesmer, Shulman, O'Neill Levy, JJ.
Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered May 18, 2018, convicting defendant, upon his plea of guilty, of grand larceny in the third degree and identity theft in the first degree, and sentencing him, as a second felony offender, to concurrent terms of two to four years, unanimously affirmed.
Defendant's claim that the court imposed a prison sentence without sufficient inquiry into his termination from the substance abuse treatment program in which he enrolled as a term of his plea agreement is unpreserved (see People v. Stephens, 108 A.D.3d 414, 967 N.Y.S.2d 731 [1st Dept. 2013], lv denied 21 N.Y.3d 1077, 974 N.Y.S.2d 326, 997 N.E.2d 151 [2013] ), and we decline to review it in the interest of justice. As an alternative holding, we find that the sentencing court providently exercised its discretion in imposing sentence (see People v. Fiammegta, 14 N.Y.3d 90, 96, 896 N.Y.S.2d 735, 923 N.E.2d 1123 [2010] ). The sentencing court conducted an inquiry sufficient to determine that defendant violated the plea agreement (see People v. Outley, 80 N.Y.2d 702, 712, 594 N.Y.S.2d 683, 610 N.E.2d 356 [1993] ). The record before the court adequately established that defendant violated the plea agreement by being rearrested and convicted (see People v. Outley, 80 N.Y.2d 702, 712–713, 594 N.Y.S.2d 683, 610 N.E.2d 356 [1993] ), and that he was terminated from the treatment program due to misconduct and unsatisfactory performance (see People v. Bell, 162 A.D.3d 521, 521, 80 N.Y.S.3d 221 [1st Dept. 2018], lv denied 32 N.Y.3d 935, 84 N.Y.S.3d 861, 109 N.E.3d 1161 [2018] ).