Opinion
May 18, 1999
Appeal from the Supreme Court, Bronx County (John Byrne, J.).
Defendant pleaded guilty under an arrangement where he was to receive a reduced plea and sentence upon successful completion of a drug rehabilitation program. Defendant failed to complete the program. The court let the original guilty plea stand and imposed sentence thereunder. Defendant now claims that he was entitled to withdraw his plea. This claim is not preserved since defendant did not move to withdraw his plea ( see, People v. Brewster, 254 A.D.2d 50, lv denied 92 N.Y.2d 1029). Moreover, we decline to review this claim in the interest of justice. Were we to review the claim, we would find that sentence was properly imposed since defendant failed to complete the drug program, a condition of the plea bargain ( see, People v. Avery, 85 N.Y.2d 503, 507-508). Defendant's assertion that he was prepared to participate in the program but was refused acceptance is contradicted by the record.
Discretionary review of defendant's sentence is not available since he received the minimum sentence authorized by law (CPL 470.20).
Concur — Rosenberger, J. P., Williams, Rubin, Mazzarelli and Friedman, JJ.