Opinion
4108.
Decided December 29, 2005.
Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered April 30, 2002, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 3 to 6 years, and otherwise affirmed.
Richard M. Greenberg, Office of the Appellate Defender, New York (Risa Gerson of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Brian J. Pollock of counsel), for respondent.
Before: Nardelli, J.P., Mazzarelli, Saxe, Ellerin, Lerner, JJ.
The court properly imposed an enhanced sentence after defendant violated various conditions of his plea agreement ( see People v. Figgins, 87 NY2d 840). Although there is evidence in the record concerning defendant's medical condition, the record fails to establish that this condition was the reason for defendant's failure to complete drug treatment in accordance with his plea agreement. Furthermore, defendant violated other conditions of his plea agreement by failing to appear four times and by being arrested twice on new charges. We have considered and rejected defendant's remaining arguments concerning the legality of the sentencing enhancement.
Defendant's valid waiver of his right to appeal precludes review his excessive sentence claim ( see e.g. People v. Swift, 305 AD2d 280, lv denied 100 NY2d 587). In any event, were we to find that defendant did not validly waive his right to appeal, we would perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.