Opinion
4872.
December 9, 2004.
Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered April 2, 2003, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him to a term of one year, unanimously affirmed.
Before: Buckley, P.J., Ellerin, Lerner, Marlow and Catterson, JJ.
The court properly imposed an enhanced sentence after defendant clearly violated various terms of his plea agreement ( see People v. Outley, 80 NY2d 702). Defendant's argument that the sentencing court should have conducted a further inquiry as to whether he had successfully completed a drug treatment program is unpreserved and unavailing ( see People v. Rhymer, 3 AD3d 315, lv denied 2 NY3d 745). In any event, there is no basis for dismissal of the indictment, the only relief defendant seeks on appeal.